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> i ^
^'•«A»^*>
■,t ^.
RECORDS
OF
MASSACHUSETTS
VOL. II.
1642-1649.
RECORDS
THE GOVERNOR AND COMPANY
MASSACHUSETTS BAY
NEW ENGLAND.
PRINTED BY OBDER OF THE LEGISLATURE.
EDITED BY
NATHAMEL B. SHURTLEFF, M.D.,
VOL. II.
1643-1049.
BOSTON:
FROM THE PRKSS OF WILLIAM WHITE,
TRINTEn TO TIIE CnjlSIOXlVEAI-TH.
18 3 3.
y. _
.v<2^p. ^ •• .•• \v
•. ' ■ •
A 4371
■F' J >
REMARKS.
This second volume of the printed records comprises all that is
contained in the second volimie of manuscript Colony Records. All the
general remarks which relate to the first volimie are equally applicable
to this.
The names of such as took the oath of freemen from 1642 to 1649,
inclusive, have been collected together and printed at the end of the
volume, and have an index immediately following that of general
subjects.
The miscellaneous orders which appertain to tlie period embraced
in this volume are recorded in a book appropriated for that purpose,
and which is numbered as the third volume of Colony Records.
N. B. S.
November, 1853.
(m)
MARKS AND CONTRACTIONS.
A Dash " (or straight line) over a letter indicates the omission of the letter
following the one marked.
A Curved Line " indicates the omission of one or more letters next follow-
ing the one marked.
A Superior Letter indicates the omission of contiguous letters, either pre-
ceding or following it.
A Caret ^ indicates an omission in the original record.
A Cross X indicates a lost or unintelligible word.
All doubtful words supplied by the editor are included between brack-
ets, [ ].
Some redundancies in the original record are printed in Italics.
Some interlineations, that occur in the original record, are put between par-
allels, n ii.
Several characters have special significations, namely : —
66,
e,
e,
i,
m,
ffi,
A,
a,
o.
annum, anno.
ber, — numli, number; Bol^t,
Eobert.
ci, ti, — acSon, action,
tio, — jurisdic66n, jurisdiction,
ere, cer, — a5s, acres.
TrSr, Treasurer,
committe, committee.
Hy delivered,
chr, charter,
hre, letter,
mm, mn, — comittee, commit-
tee.
recoffida66n, recommendation,
mer, — fortQly, formerly,
month.
nn, — Pen, Penn ; aiio, anno.
Dni, DominL
ner, — manfi), manner,
on,! — mentis, mention.
3, — m3, month.
p, — par, por, — pt, part ; ption^ por-
tion.
p, — per, — :pson, person.
p, — pro, — ppor66nj proportion.
P, — pre, — ^sent, present
q, — ^stion, question.
^, — es^, esquire.
r, — Apr, April.
?, — capl, captain.
9, — uer, — seOal, seueral.
^, — ver, — 8e?al, several.
y«, the ; y", them ; y°, then ; y', their ;
y*, this ; y*, that.
ij — es, et, — statut^ statutes.
{d, — et caetera.
vizf, — videlicet, namely.
./ — full point.
y, used by Secretary Nowell befol-e
figures for a pound mark.
(V)
*-*
CONTENTS OF VOLUME II.
i ' • • • •
THE COLONY RECORDS, 1642—1649, 1
MISCELLANEOUS RECORDS, 889
FREEMEN OF THE COLONY, 1648— 1649, 291
GENERAL INDEX 297
INDEX OF FREEMEN, . M9
(Tii)
» ^
THE COLONY RECORDS.
1642-1649.
MASSACHUSETTS RECORDS.
THE RECORDS OF THE COLONY OF THE MASSACHUSETTS
BAY IN NEW ENGLAND.
[Ilere commences the manuscript of the second Tolume of the Massachusetts Colony Records.
The first portion of the volume is lost, and the first eighteen pages of what remains are in a very
decayed condition. By the aid of an ancient transcript of the volume, made apparently very early in
the eighteenth century, and by a duplicate leaf in the handwriting of the Secretary who wrote the
Tolume, the decayed portions have been nearly restored. The volume is mainly in the chirography
of Secretary Nowell, although occasionally passages, and sometimes pages, are in that of Mr. Edward
Bawson, who succeeded Mr. Nowcll as Secretary in 1650.]
WHEREAS the country is put to great chaige by the Courts 16 4 2.
attendance vpon suites comenced or renewed by either appeales, ^ ~
petition, ^6, it is ordered, that in all such cases, if it shall appeare to the Co't L J
Ord' about
that the plaini in any such action of appeale, petition, ^6, ^6, in any Co% hath hue encry*.
no iust cause of any such proceeding, they shall take order that the said plain-
tiff shall beare all the charges of the Co't w*^** they shall iudge to have beein
expended by his occation, & may further impose a fine vpon him if the merrit
of the cause shall so require ; & if they shall finde the defendant in fault, they
shall impose the charges vpon such defendant./
William Aspinwall, upon his petition & cirtifEcat of his good carriage, is
restored againe to his former liberty & freedome./
The Court left it to the liberty of the townes to send but a deputy a
peece, i^they please, to the next session of this Court/
The marshall hath leave to go to Conecticut, leaning a deputy./
The beaver trades are appointed to bring in what is due to the countrey
at the next session./
Edward Bendall hath liberty to make vse of any of the cables, & other
things belonging to the worke, as he needeth, alowing for the hurt of them./
Gregory Taylo', being chosen constable of "Water Towne, tooke his oath
to discharge that place./
George Story undertook for Eich'd Sherman that if he shalbee cast, what
cost shalbcc ceased he will beare it./
(8)
4 THE RECORDS OF THE COLONY OF
16 4 2. Thomas Joanes^ servant to Willi : Rich'dson, hath libty to dispose of
^ ~' himselfe./
M' William Hauthome is dismissed for the present^ and enjoyned to
appear againe when the Ott't shall call for him./
8 May. 3"» 3** A, 1642.
jj98— Wee, whose names are under written, have determined anft agreed w^
the consent of Ipswich, Cape Ann, & Jefferies Creeke, that their bounds
shall lye as followeth : That all the land lyinge between Ipswich & Cape Ann
meeting house shall be divided, 6 miles to Ipswich & 4 miles to Cape Ann,
where there are 10 miles, and so by proportion where less, — that is, by fifths,
8 parts to Ipswich for 2 to Cape Ann, — & where there is more than 10 miles,
the remainder to lye to Jefferies Creeke, and this to be measured before the
next Grenerall Court/
WILLIAM HAUTHORNE,
EDWARD HOLLIOKE,
MATTHEW BOYES.
According to the former agreement above written, the bounds between
Cape Ann and Ipswich have been determined, vizj, at a white oake, marked on
4 libothll sides, about 12 ||14|| rod in a south east and east line, betwixt the 2
ineeting houses, to the southward of Chebacco Marshes ; & from that tree, by
quartering the compass by a south west & by south, & by a north east & by
north lyne, to be bounded betwixt the two plantations above mentioned./
WILLIAM ANDRES, JOHN TUTTLE,
GEORGE NORTON, ROBERT LORD,
WALTER TIBBET, JOHN GAGE.
[•2.] •The cause of John ^ is referred to the Gouem' & M'^ Bellingham
to heare & determine./
It is ordered & declared to bee the meaning of this Court, that^no oathe
of ma****, counseller, or any other officer shall bind him any further or longer
then hee is resident or inhabiting within this iurisdiction./
It is declared by this Co't, that the selected townes men haue power to
lay out pticuler & private wayes conc'ning their owne towne onely, so as no
damage bee done to any man, but dewe recompence to be given by the iudgm*
of the said townes men, or, if the pty desire it, then by 2 chosen by the townes-
• men & two by the pty ; & so, if any man shall find himselfe greived, hee may
seeke redresse in any Courte./
;•
THE MASSACHUSETTS BAY IN NEW ENGLAND. 5
Samuell Wiusley is granted sixe months time longer for the begining 16 4 2.
of his salt works./ '^
Comission is granted to Capi Wiggen, M' Edward Hilton, M' Wonnerton, workes.
& M' William Waldeme to bee assistant to such o# the ma*"*" or others as x44—
shalbee sent, either by this Go't or by agrement & order of the ma*^**, or the ^^^^^^}^
greater number of them, to keep Co't at Pascataq,, & out of Co'^t to see to the cataqua, &e.
^serving of the peace, & to have and exercise such power w"*in o' limits at
Pascataqua as any one ma*"** of this iurisdiction usually doth & lawfully
may exercise out of Co't ; this comission to continew till this Co't take further
order ; & that it shalbee in the power of any Co't there to admit & swears
freemen, so they bee qualified according to law, so as there bee one of the
ma*"** at the least ^sent, & an oath shalbee given to the said associates for y*
discharge of the duty of their place./
This Courte considering that a booke now broght into this Co't con- M' Rich : Sal-
ceming the institution & authority, ^6, of the standing councell, written by ^^^^
"MJ RicVd Saltonstall at such time as the gen'all warrant was given to every
freeman to give their advice to any of the deputies concerning the institution
& power of the standing councell, ^6, & that accordingly hee did deliver the
same to one of the deputies within the time limitted, this Court doth hereby
discharge him from any censure or further enquiry by this or any other Court
concerning the same./
The Oath of the Associates. Asfodatos
oath.
Y*^ shall do x and justice in all cases that shall come before you, x x
your best skill & knowledge, according to the lawes here established^
By vertue of an order of Gennerall Court, wee whose names ar vnde'
written, comissione's for the laying out of a plantation at Nantasket, doe order
& dispose the same in manner following : first, Jerrimiah Bellamy, John
CoUjer, Nathanj : Baker, Edmond Bosworth, John Prince, Nathani : Bosworth,
Edward Bunn, Thomas CoUjer, Richard Stubbs, Thomas ChaflTey, Willjam
^erly, and John Stodder •shallbe admitted as planters, and to take their [•S.]
house lotts for building of houses in the valley betwixt the two hills next
Pedocks Hand, to the valeu of two acres for each house, so that there may ly
thirty two lotts at least betwixt the said two hills, the psons aboue to take all
their lotts on one side of the said valley, to begin at either end of that side,
as they shall thinke fitt, by agreement, or else p lott, the said lots to be and lye
onely fine rodds broade vp against the hill, w**> they chuse, these persons to'
haue each two akcrs of mcdowe, as they shalbee hcrafter signed, & also each
6 THE RECORDS OF THE COLONY OF
16 4 2. of them to have four acres of planting land at Peddock's Iland^ to bee laid
~ ^ ~ out when the plantation shall be fuller ; in the meane time, if any have need
to plant, they may plant where they thinke fitt ; and when it shallbe allotted
and lajd out in ppriety, those that have planted, if in casting lotts they bee
put from such lands as they haue planted, they are to bee allowed for their
labour they haue been at by those w^** shall possesse their lotts afterwards ;
the beaches and places on Nantaskott or any of the isleands that may bee fitt
for setting up of stages for fishing to be left free for such purpose for these
or any other persons that shall set on such a work, and the plantation to be
possessed & enioyed by the persons aforesajd according to the order of Co't
above specifyed. Dated the 9*^ of y« 2^ A, 1642./
NATHANAEL DUNCAN,
WILLIAM PARKS,
ISRAEL STOUGHTON,
JOHN GLOUER.
The Court was adioumed to the 14*^ of the 4'*^ A next ensuing./
MJune. (4) 14.
Thom : Briant, servant to M' AUerton, hauing been imprisoned neare 2
months, was discharged from prison w^**out whipping, and sent to M' Moses
Mavericke to be imployed for his master./
Crumwells girle, of Newberry, is referred to Ipswich Court/
497— I '^ This Co't, taking into consideration the great neglect of many parents &
masters in training up their children in learning, & labo', & other implyments
which may be profitable to the common wealth, do hereupon order and
decree, that in euery towne y* chosen men appointed for managing the pru-
dentiall affajres of the same shall henceforth stand charged with the care of the
redresse of this evill, so as they shalbee sufficiently punished by fines for the
neglect thereof, upon presentment of the grand iury, or other information or
complaint in any Court within this iurisdiction ; and for this end they, or the
greater numbe' of them, shall have power to take accoimt from time to time
of all parents and masters, and of their children, concerning their calling and
implyment of their children, especially of their ability to read & understand
the principles of religion & the capitall lawes of this country, and to impose
fines upon such as shall refuse to render such accounts to them when they
shall be required ; and they shall have power, with consent of any Court or
the magistrate, to put forth apprentices the childien of such as they shall
THE MASSACHUSETTS BAY IN NEW ENGLAND. 7
[find] •not to be able & fitt to imploy and bring them up. They shall take 1642.
X X XX X X X X imploying them x x ^ ~
14 June.
up, nor shall take co'se to dispose of x themselues ; and they are to take [*^A
care of such as are sett to keep cattle be set to some other imploym* w***all,
as spinning upon^ the rock, knitting, weaving tape, {d, & that boyes ft^rles
be not suffered to converse together, so as majTb'ccaston any wanton, dishonest,
or imodest behavio' ; & for their better performance of this trust comitted
to them, they may divide the towne amongst them, appointing to every of the
said townesmen a certaine number of families to have special oversight of.
They are also to pvide that a sufficient quantity of materialls, as hemp, flaxe,
^c", may be raised in their severall townes, & tooles & implements provided
for working out the same ; & for their assistance in this so needfull and bene-
ficiall imploym*, if they meete w*** any difficulty or opposition w*** they cannot
well master by their own power, they may have reco'se to some of the
ma*"*", who shall take such course for their help & incuragm* as the occasion
shall require according to iustice ; & the said townsmen, at the next Co't in
those limits, after the end of their year, shall give a breife account in writing
of their pceedings herein, pvided that they have bene so required by some
Co't or magistrate a month at least before ; & this order to continew for two
yeares, & till the Co^t shall take further order./
This Co'^t will not proceede to iudgm* in any criminall cause ag* any 498^
pson, nor in any civil cause between fty & pty, w"*out taking the oath here
under written, vizj :
I do fiweare, ^c"*, that in all causes wherein I am to deliver my vote or The oath,
sentence against any person upon any criminall offence, or between gties in ^**®''
any civill cause, I will dealfe uprightly & iustly, according to my iudgme* &
conscience ; & I will, according to my skill and ability, assist in all the pub-
like affaires of this Court faithfully & truely, according to the duty of my
place, when I shall be ^sent to attend the service./ •
M' Edw^ Tinge, being chosen constable of Boston, took his oath./
It is ordered, that the clause in the order 358, for restraining publike
brewers to sell by gross, is repealed./
M' Parker, M' Glover, and Goo : Bate are appointed a comitte to settle Highway,
high way at Brantree not yet set out, & to certify the Court/ raniry.
The 4*»» Day of the 4«> Month, 1640.
"Whereas William Hauthome, of Salem, & Edward Tomlyns, of Lynne, Lynn bounds.
were chosen by the Generall Court to lay out the length of the bounds of
14 June.
8 THE RECORDS OF THE COLONY OF
1642. the town of Linn according to the Co'ts order^ sixe miles from the meeting
house^ which accordingly hath beene performed the day and year above written,
which we signify imd' our hands to extend from Charlestown bounds to the
south end of the great pond at Linn village^ and from thence to the great
. swamp adioining unto the great pond^ aud so to run from thence northward
to the North River [toward] Salem bounds, these being the nearest marks
by our measure we find to state the bounds,/
EDWARD TOMLINS.
[Pages 6 and 6 of the original manuscript are a repetition of parts of pages 2, 3, and 4, which pre-
cede them, and are in the same handwriting.]
[•5.] *docks Hand, to the valew of two akers for each house, so that there may lye
thirty two lotts at least betwixt the said two hills, the persons above mentioned
to take all their lots on one side of the said valley, to begin at either end of
that side, as they shall thinke fit, by agreement, or else by lotts, the said lots
to bee & lye onely five rods broad up against the hill, w*^ they chuse, these
persons to have each two akers of meadow, as they shalbee hearafler assigned,
& also each of them to have four akers of planting land at Peddocks Hand, to
bee layd out when the plantation shalbee fuller ; in the meane time, if any
have neede to plant, they may plant where they thinke fitt ; & when it shal-
bee alloted & layd out in propriety, those that have planted, if in casting lots
they bee put from such lands as they have planted, they are to bee alowed for
their labo' they have bene at by those w^ shall posses their lots afterwards,
the beaches & places on Nantaskot, or any of the ilands that may bee fit for
seting up of stages for fishing, to bee left free for such purpose for these or
any other persons that shall set on such a worke ; & this plantation to bee
possessed & enioyed by the persons aforesaid, according to the order of Cot
above specified. Dated the 9^ of the ^ A, 1642./
NATHANI: DUNCAN,
WILLI: PARKS,
ISRAELL STOUGHTON,
JOHN GLOVER.
The Co't was adioumed to the 14^*^ day of the 4"* A next ensuing./
Thomas Briant, servant to M' Allerton, haveing bene imprisoned near
two months, was discliarged from prison w^**out whiping, & sent to M' Moses
Maverick, to bee implied for his master./
Crumwells girle, of Newberry, is refered to Ipswich Co't/
497- This Co't, taking into consideration the great neglect in many parents &
masters in training up their children in learning, & labo', & other imployments
THE MASSACHUSETTS BAY IN NEW ENGLAND. 9
w***^ may bee profitable to the common wealth, do heanipon order & decree, 16 4 2.
that in every towne the chosen men appointed for managing the prudenciall ^*^"> *^
affaires of the same shall hencefourth stand charged w*** the care of the
redresse of this evill, so as they shalbee liable to bee punished or fined for
the neglect thereof^ upon any ^sentment of the grand iurors, or other informa-
tion or complaint in any plantations in this iurisdiction ; & for this end they,
or the greater part of them, shall have power to take accompt from time to
time of their parents & masters, & of their cliildren, conc'ning their calling
& impliment of their children, especiallity of their ability to read & undestand
the principles of religion and the capital lawes of the country, & to impose
fines upon all those who refuse to render such accompt to them when required ;
& they shall have power (w*** consent of any Court or magistrates) to put
fourth apprentice the children of such as shall not be able & fitt to employ
& bring them up, nor shall take course to dispose of them, *of such as they \*6A
shall find not to bee able & fit to imply & bring them up, nor shall take course
to dispose of them themselues ; & they are to take care that such as are set to
keep cattle bee set to some other impliment w^^all, as spiiming up on the rock,
kniting, Veveing tape, ^ ; & that boyes & girles bee not suffered to converse
together, so as may occasion any wanton, dishonest, or imodest behavior ; &
for their better pformance of this trust comitted to them, they may divide the
towne amongst them, appointing to every of the said townsmen a ccrteine
number of families to have speciall ov'sight of; they are also to pvide that a
sufficient quantity of materialls, as hempe, flaxe, {d, may bee raised in their
severall townes, & toolcs & implements pvided for working out the same ; &
for their assistance in this so needfull & beneficiall impliment, if they meete
vr^ any difficulty or opposition w*** they cannot well master by their owne
power, they may have reco'se to some of the magistrates, who shall take such
course for their help & incuragment as the occasion shall require, according to
iustice ; & the said townsmen, at the next Co't in those limits, after the end *
of their yeare, shall give a breife account in writing of their pceedings hearin ;
provided, that they have bene so required by some Co't or magistrate a month
at least before ; & this order to continue for two yeares, & till the Court shall
take furth' order./
This Co't will not proceed to iudgm* in any criminall cause against any 498-
person, nor in any civill cause between party and party, w^^'out taking the
oathe hearunder written, vizj : —
I do sweaie, ^, that in all causes wherin I am to deliver my vote or The oath,
sentence against any person upon any criminall offence, or between parties in
any civill cause, I will dcale uprightly & iustly, according to my iudgmcnt &
vol.. II. 2
14 June.
10 THE RECORDS OF THE COLONY OF
16 4 2. conscience ; & I will, according to my skill & ability, assist in all publike
affaires of this Co't faithfully & truely, according to the duty of my place^
when I shalbee ^ent to attend the service./
M' Edward Tinge, being chosen cunstable of Boston, tooke his oathy
499— It is ordered, that the clause in the order 358, for restraint of publike
brewers to sell by grosse, is repealed./
M' Parker, M' Glover, & Goodfii Bate are appointed a comitte to
settle high wayes at Braintree, not yet set out, & to certify the Co't/
The 4*^ Day of the 4«» A, 1640./
500— Whereas William Hathome, of Salem, & Edw^ Tomlins, of Linn, were
Lynn bounds, chosen by the Gen'all Co't to lay out the length of the bounds of the towne
of Linn, according to the Co'ts order, of sixe miles from the meeting house,
w®** accordingly hath bene performed the day & yeare above written, w*^ wee
signify under o' hands, to extend from Charlestowne bounds to the south end
of the great pond at Linn village, & from thence to the great swamp, adioyning
tmto the great pond, and so to run from thence northward to the North River
[toward] Salem bounds, these being the nearest marks by our measure wee
find to state the bounds./
WILLI: HATHORNE,
EDWARD TOMLINS.
[•7.] •William Haward is appointed to grant sumons, attachm^^ & replevies in
w- Howard to Hampton, in the place of Willi : WakefeQi/
Willi : Haward, John Crosse, ^ James Davies are appointed to end small
businesses in Hampton, imder 20sh"y
Hunlins grant James Hamlin is granted 200 acres of ground for the 60* dd M'^ Wareham
of 200 ao^. ^y j^^ Walter & James White, M' Adw» Anthony & M" Do : Mogered./
Cap? Wiggen his comission for Pascata^ is extended to Hampton./
Jeflfery Wragg. Jeffrey Wragge is granted him 20sh' out of the treasury, for his paines &
care in fetching letters fro™ the eastward./
Slutwihin. Wee, whose names are underwritten, being appointed to veiwe Shawshin,
& to take notice of what fitness it was of for a village, & accordingly to o*^
apprehentions make retume to the Co't, wee therefore manifest thus much :
that for the quantity it is sufficient, but for .the quality, in o' ap^hensions, no
way fit, the upland being very barren, & very little medow there about, nor
any good timber almost fit for any use. Wee went, after wee came to Shaw-
shin hovse, by estimation, some 14 or 16 miles at the least in compas ; fro^*
14 June.
THE MASSACHUSETTS BAY IN NEW ENGLAND. H
Shawshin house wee began to go downe the rjrver 4 or 5 miles near east, then 1642.
wee left that point, & went neere upon north, came to Concord Ryver, a little
belowe the falls, about one mile or neare ; then wee went up the n^ver some 5
miles, untill wee came to a place called the Two Brethren ; & fro" thence it is
about two miles & ^ to Shawshin, & the most p* of all the good land is given
out already : more land there is at the south side of the house, between the
side of Concord line & the heade of Cambridge line, but littell medow, & the
upland of little worth ; & this is that wee can say hearin./
SYMON WILLARD,
EDW» CONVERS.
It is ordered, that for deciding the difference between the 2 villages of Comittee for
Charlestowne & Linn, & for accomodating of both according to the intent of ^ "
the Co't, Capi Cooke, M' John Oliver, & Goo : Nathani : Woodward shall ^*^1» Towne
veiwe the place in question, & take the length of Charlestowne, 8 mile liije by
exact measure, & set doiime the bounds between the said 2 villages as may
bee most convenient for both, & certify this Co't of that they shall do
hearin./
Vpon petition of M' John Glover & other of Dorchester, for improvem* 601—
of a supposed mine in Neipnett, about 40 or 50 miles hence, it is ordered, „ant ^^^
that they shall have the priviledge granted by a former order, so as they goe
effectually on w**^ it w*^in one yeare ; & if they shall thinke fit to plant a con-
venient number of families there w^ may make a village, they shall have
Buch quantity of land & meddow fit for their occation as the place will affoarde,
pvided that they bee ready & go effectually about it w*4n 3 yeares next after
such mine shalbee opened ; pvlded, also, that such grant of a village shall
not hinder the power of this Co't in *ordering & disposeing of any mines r*8.]
otherwise then hath bene already, or hearafter shalbee granted./
Whereas M' John OUver, late of Neweberry, dyed intestate, leaving Order ab«Jn«
behind him a wife, & one onely daughter of the age of about two yeares, &
in lands & goods an estate of about 420*, this Co't therefore, upon the petition
of Joane Oliver, the wife of the said John, & w*** her consent, hath ordered,
that shee, said Joane, her heires & assignes, shall enioy & possess forever the
intire & whole estate of lands & goods left by her husband ; in consideration
whereof shee shall educate & bring up her said child at her owne pp cost &
charges, & at the day of the said childs marriage, consumated w"* the consent
of her said mother, or when shee shall accomplish the age of 18 yeares, or
whether shall first happen, shee, the said Joane, shall give unto her said daughter
the sume of one hundred pounds, & one hundred pounds more when shee shall
14 June.
12 THE RECORDS OF THE COLONY OF
16 4 2. attaine the age of 21 y cares, w^^ by this Co't is ordered to bee the portion
of the said child, to bee paid as aforesaid ; & for security of the said portion,
all the land & house of y* said John Oliver in Newberry, late deceased, is by
this order ingaged ; & for further secureing the portion of the said child, it is
ordered, the next Co't of Ipswich shall take band of the said Joane Oliver
for the payment thereof, as in this order is pvided./
And the said Joane Oliver hath power granted her to free her servant for
the yeare desired./
3000 acres.
M" Winthrops Wee, whose names are under written, beeing appointed by the last Gen'all
Co'^t to veiwe a ^ell of land at the fall of Concord Ryver into Merrimack,
& there to lay out 3000 acres for M" Winthrope, doe hearby certify, that wee,
haveing veiwed the same land, do find it gen'ally to be ordinary land, not of
the best ; neither did wee see any medowe worth the mentioning there about,
except a pcell on the west side of Concord Ryver, w*** wee conceive may bee
some 30 acres ; therefore wee do thinke the Co't may, (if they so please,) w**»out
piudice to the comonwealth, grant the said 3000 acres to the said M" Win-
thrope, there to lye betwixt the said two ryvers, that is to say, upon the east
of Concord Ryver, & the south of Merrimack Ryrer, in a iust pportion, so
neare as the land will bear it ; & because wee find the Indians possessed of
several! Jcells of land w*4n the said 3000 acres, lying as before is mentioned,
& also finding no medow of any worth there, wee thinke the Co't may do
well to add the said thirty acres of medowe thereunto. The Co't granted
M" Winthrope her 3000 acres, as is above certified, & further granted her
the 30 acres of medowe./
[•9.]
In the case between Rich'd Sherman & Cap? Keayne, this was ppounded
to vote : Whether the defend* bee found to *have bene possest of the plain-
tiflfs sowe, & converted her to his owne use, or not: it was voted by 2
Q^tntB ^ 15 deputies for the plantifie, & by 7 ma*'*** & 8 deputies for the
defend*, & 7 deputies were newters./
Daniell Fairefeild, being a married pson, upon his owne confession, &
other sufficient proofe, is found by the iudgm* of this Co't to have had camall
knowledg of, & sp, in a most vile & abominable manner, to have abused the
tender body of Dorcas, the daughter of John Humfrey, Es^, one of y* then
ma*"*** of this comon wealth, & that from time to time, from about her age
of 7 yeares to about her age of 9 yeares, & y* hee did also, in a most
uncleane & wicked manner, abuse himselfe upon y body of Sara Humfry, a
14 Jane.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 13
yonger sister of the said Dorcas, & that this wickednes was comitted very 164 2.
often, & most usually by him on the Lords dayes & lecture dayes./
The Co't therefore agreed that this aforenamed Dan: Fairefeild shalbee
severely whiped at Boston the next lecture day, & have one of his nostrills
slit so high as may well bee, & then to bee seared, & kept in prison, till hee bee
fit to bee sent to Salem, & then to bee M'hiped againe, & have the other nostrill
slit & seared ; then further hee is confined to Boston neck, so as if hee bee
found at any time dureing his life to go out of Boston neck, that is, beyond the
railes toward Roxberry, or beyond the low water marke, hee shalbee put to death
upon due conviction thereof: and hee is also to weare an hempen roape about
his neck, the end of it hanging out two foote at least, & so often as he shalbe
found abroad w***out it, hee shalbee whiped ; & if hee shall at any time hearafter
attempt to abuse any pson as formerly, hee shall bee put to death, upon due
conviction ; . & hee is to pay to M' Humfrey forty pounds./
Jenken Davies, for his abuseing the forenamed Dorcas, was ordered to bee
severely whiped at Boston on a lecture day, & shalbee returned to prison till
hee may bee sent to Linne, & there to bee severely whiped also, & from
thencefourth shalbee confined to the said towne of Linne, so as if hee shall at
any time go fourth of the bounds of the said towne, (w'*»out licence of this
Co't,) & shalbee duely convict therof, hee shalbee put to death ; & also hee shall
weare an hempen roape apparently about his neck dureing the pleasure of this
Co't, so as if hee bee foimd to have gone abroad at any time w^^out it, hee
shalbee againe whiped ; & furth', if hee shalbee duely convicted to have
attempted any such wickednes (for w**^ hee is now sentenced) upon any child
after this ^sent day, hee shalbee put to death ; & hee is to pay forty pounds
to M' Humfrey for abuseing his daughter./
John Hudson, for abuseing the said Dorcas, was ordered to bee severely
whiped at Boston the next lecture day, and shalbee returned to prison till
hee may bee sent to Salem, & there to bee severely whiped againe ; & hee shall
pay unto M' *Humfrey for abuseing his daughter twenty pounds w***in these . [*10.]
two yeares./
Dorcas Hiunfrey was ordered to bee privately severely corrected by this
Cot, M' Bellingham & Increase Nowell to see it done./
M' Willi : Tynge, Goo: Thorn: Line, Goo : Heathe, Leifi Duncan, Goo :
Cheesbro, M' Parker, M' Peck, M' Sparhauke, M' Ayres, M' Noyse, Leif ?
Willard, M' Allen, Capl Briges, M' Batter, M' Whipple, Goodfii Boyse, M"^
Bauson, John Saunders, & Goodfii Hayward were appointed a comittee to
levy & pportion a rate of 800*, w<* they agreed as foUoweth : —
14
THE RECORDS OF THE COLONY OF
16 42.
For Waymoth,
. . 14«
For Hingham, . . ,
. 20*
r ^
For Dorchester,
, . 58 10*
For Braintree, . .
, 14
14 June.
For Boston,
. . 120 00
For Roxberiy, . . .
, 50
For Concord, . ,
. . 25 00
For Dedliam, . . ,
. 20
For Cambridge,
, . 67 10
For Watertowne, . .
, .55
For Salem, . . .
, . 75 00
For Charlestowne,
, 60
For Ipswich, . .
, . 82 00
For Linn, . . . ,
, 45
For Salsberry, . .
. . 12 10
For Neweberry, . .
, 30
For Rowley, . .
, . 15 00
For Hampton, . . .
, 05
For Meadford, . ,
, . 10 00
For Sudberry, . . ,
For Glocester, . . .
, 15
06 lOsh'
479 10
•
•
320 10
i
479 10
AsiocUtet
Ipsw. Cou't.
Hugh Ounni-
Bon liberty for
a cooks shop*
Jn» Whipple,
Cl'ke of y«
\mtu at IpS'
wich.
Wilbey* fined.
M'W-BeUing-
ham to marry,
&c.
602-
Publick cry"
duty.
[•11.]
503-
Orde* stating
damage done
by gr* cattle.
800 00
w*^*^ is agreed to bee paid, halfe the last of the 6*** A next, & the other halfe
the last of the 9*»» A next./
Goodfli Stowe is granted 100 acres of land where hee can find it conven-
ient, w%ut j^udice to any towne, for recompence of his paines in writing the
lawes already, & to write such as are still to bee written./
Those that were formerly associats at Salem & Ipswich are ordered to
continew till the next Gen'all Co't ; & these are to take an oath as other
iudges, & the ma*~** of Salem Co't to give them their oathes. See the oath,
495./
Salem Co't was ordered to bee adioumed to the 12*** of the 6*** A./
Hugh Gunnison, haveing set up a cookes shop, is alowed to sell beare to
his. guestes, some at 2*^ a quart, some at 1*^ a quart, being alwayes to have small
beare for such as desire it/
John Whipple is appointed clarke of the writts, insteed of M' Firman./
Mary Wilbey is abated her fine to 40*, w*^** shee hath a twelue months
timetopay./
M' William Bellingham is appointed to see marriages solemnized at
Kowely & Neweberry, & to keepe record thereof./
It is ordered, that hee who is to cry things lost shall keepe a booke,
wherein hee shall write downe fiiithfully all such things, w*** the markes, the
pties names, & the *dayes of crying it, for w*^** hee shall have 2*. Hee is to
crye at 3 severall times ; & this order is to .bee observed in every towne./
The order made in the Gen'all Court at Newetowne the 2*** of the 9*** A,
1637, concerning satisfaction for damages done by great cattell, ^d, is repealed;
& it is now ordered, that in all come feildes, or medowes inclosed in comon.
14 Jane.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 16
or otherwise, every man must secure his corne & medowe ag* great cattell ; & 16 4 2.
if any damage bee done by such cattell, it shallbee borne by him through
whose insufficient fence the cattle did enter ; & if that cannot bee pved, then
the damages shalbee equally imposed upon every man according to the default
of his fence ; & if all the fences bee sufficient, the owner of the cattle must
answer the damages./
If the pty damnified find the cattle damage feasant, hee may impound
them, or keepe them in his owne private close or y'd, till hee may give notice
to the owner ; if they cannot agree, the owner may replevy them, or the
other pty may returne them to the owner, & take his remedy as hee shall
thinke best according to lawe./
It is ordered, that the owners of the ship Tryall shall have 10 barrells Poudcr & ordi-
of vsefull powder deliv'ed them by M' Eawson, for w^** they stand bound to gijip xryaU.
returne 10 barrels of good newe powder ; & they shall also, upon the returne
of the ship, deliver 10 barrells more of like powder at the same price they
cost first penny, so as (if they miscarry in ship board) the country must beare
the losse of the said 10 barrells./
And they are to have 6 peeces of ordnance by Captaine Gibbons appoint-
ment, (so as none bee drakes, nor any moimted,) w®** they are to returne w***
the ship, or to pay for them, if they miscarry./
Whereas, at the Gen'all Co't the 4:^ 1^ A, 1639, ||436,|| there was pvis- 504-
ion made for the recording of severall pticulers, amongst w*** it is observed
that birthes, deathes, & marriages are much neglected in many townes, —
It is therefore ordered, that hearafter the clarks of the writts in severall. Clarke of y
townes shall take especially care to record all birthes & deathes of persons in ^^j^^j^ d«*thi,
their townes ; & for every birth .& death they so record they are to have * niamagM.
alowed them the sume of 3**, & are to deliver in yearely to the recorder of the
Co't belonging to the iurisdiction where they live a transcript thereof, to-
geather w**^ so many pence as there are births & deaths recorded, & this under
the penalty of 20» for every neglect ; & for time past it is ordered, they shall
do their utmost indeavo' to find out in their severall townes who hath bene
borne, & who hath died, since the first founding of their townes, & to
record the same as aforesaid./
Also the ma****" & other persons appointed to marry shall yearely deliver
to the recorder of that Co't that is nearest *to the place of their habitation the. [*12.]
names of such pson^ as they have married, w*^ the dayes, months, & yeares
of the same ; & the said recorders are faithfully & carefully to inroUe such
birthes, deathes, & marriages as shall thus bee comitted to their trust./
i
16 THE RECORDS OF THE COLONY OF
16 4 2. The caifte of Thomas Kinge, about his wife being defiled before mar-
^ ~ riage, is referred to the next Co't at Salem, w^^ the elders advise certified./
14 June. •
Tho- Kings ^^ ^^ ordered, that the 21'^ of the 5^ A shoiJd bee kept as a day of
caae, as to his publike humiliation throughout this iurisdiction, in regard of o^ owne straites
wife, refe'd to
Salem Court. & the foule sinns broken out amongst us, & the distractions of o' native coun-
Day of humil- ^ry, Ireland, Holland, & other pts of Europe./
iation. x j. /
M'Grecnleaf, M' GreenlcifTe IS appointed iusteed of M' Woodman to end small busi-
fastead M' j^ggg^g ^ Neweberrv./
Woodm. " '
505_ It was ordered, that M*^ Rich'd Bellingham & M' Symon Bradstreete
M' Beling. & should SO to Pascatao^, & keepe a Co't there w^^ the comission" there chosen,
M'Bradst.to oar
keepe Cou't at & they two to bce of the quoram, so as no Court to bee kept w***out one
506— Whereas tliis Co't is often taken up in hearing & deciding pticuler cases
Ca^ to be between pty & pty, w*^^ more pply belongeth to other inferior Co'ts, this Co't
Gen. Court in being onely to help in such cases where the pty can have no releife in any
case.
Other Court, it is therefore hearby declared, that all causes between pties
should first bee tryed in some inferio' Co't ; & if the Jtie against whom the
iudgm* shall passe shall have any newe evidence or other newe matter to
pleade, hee is to desire a newe triall in the same Co't, upon a bill of reveiwQ ;
& if iustice shall not bee done him upon that tryall, hee may then come to
this Co't for releife./
Whereas it appeareth to this Co% that, notw***standing the former lawes
made against selling guns & powder to the Indians, they are yet supplied by
indirect meanes, —
607— It is therefore ordered, that if any pson, after publication of this order,
PcBuaity *» sell ghaU gell or barter any guns, powder, bullets, or leade to any pson inhabiting
&£, to Indians, out of this iurisdiction, w'^^out licence of this Co't, or the Co't of Assistants,
or some two ma*^*", hee shall forfecte for every gun tenn pounds, & for every
pound of powder five pounds, & for every pound o£ bullets or leade forty
shillings, & pportionably for any greater or lesser quantity. And that this
order, & the former against repairing the Indians peeces, & selling guns, pow-
der, ^6, to them shalbee imprinted, & affixed upon every meeting house doore
in this iurisdiction./
508- AH actions of debt & account, & actions of the case concerning debts
and accounts, to bee tryed where the plaintiff pleaseth, so it be in the iurisdic-
tion of that Co't where the plaintiff or defendant dwelleth, vnlesse by consent
[•18.] under *both their hands it appeareth they would have the cause tryed in any
other Court/
TUE MASSACHUSETTS BAY IN NEW ENGLAND. 17
All other actions to bee tiycd w***in that iurisdiction where the cause of 16 4 2.
the action doth arise ; the former order made in the Gen'all Court concerning ^""^^ '^
tliis matter is repealed./ Action. T'
All the land lying upon Saweshin Ry ver, & between that & Concord ^^^^^ * ^'
co^ts, where
Ryver, & between that & ]Merrimack Ryver, not formerly granted by this tobctryod.
Co^'t, are granted to Cambridge, so as they erect a village there w***in 5 yeaies, 509-
& so as it shall not extend to preiudice Charlstowne village, or the village of ^nsiX^ on cou-
Cochitawit, nor the farmcs formerly granted to the now Gov'nor of 1260 ac^, ^^^'
& to Thom : Dudley, Esf^, 1500 a5, & 3000 a6 to M'* Winthrope ; & M' Flint
& M' Stephen Winthrope are to set out their licade line towards Concord./
This Co*"t, takcing into serious consideration the great danger that this 510-
comon wealth is liable unto by forraigne & domcsticke foes, yr^^ wee have ^P*
iust cause to conceive wilbee ready, as opportunity and meanes are put into
their hands, to practise ag* us, —
And being willing to lay hold on & use all such means as God shall direct Order rcUtmg
us unto, as may tend to the raising & pduseing such materialls amongst our- ^^ '
selues as may pfect the makeing of gunpowder, the instrum*all meanes that
all nations lay hould on for theire pservations, (haveing too much neglected
to take due course, w** wee might have done,) do order & decree, that every
plantation w*^in this colonye shall erect an house in length about twenty or
thirty foote, & twenty foote M^ide, w***in one lialfe yeare next comeing, into w*^^
house wee desire & enioyne the offic's of each millitary company in each
towne to see & cause a sufficient quantity of earth by their companies or
otherwise yearely to bee carried, & twice in every yeare, or oftner, the earth
from its foimdation by them to bee stirred & removed fiom one end thereof to
the other, from the bottome to the top, mixeing such urine of men & beasts
w*** goates, henns, hoggs, & horses dunge, as shalbee by the carefuU & con-
scionable members of this comon wealth brought to bee dispeirst & scattered
amongst the said earth, the company not leaveing of bringing more earth into
the said houses till it shall come w*^^in two foote of the wall plate of the same ;
and that the said houses bee well covered, their sides & cndes so ordered that
no wett may come into them, to the piudice thereof; & for the further pmove-
ing of what is above ordered & decreed, wee declare that all such inhabitants
of ev'y town as shall cause the urine of their families in some such place to be
put & kept, as that it may bee in due time brought and dispeirsed in the said
houses, or ot[her] *outhouses of their owne, w*^*^ are alike ordered & covered, [*14.1
do best discharge their duties, & manifest thcmselues sencible of the gen'all
danger of this coxiion weale./
VOL. 11. 3
18 THE RECORDS OF THE COLONY OF
16 4 2* The towncs are at liberty to make either one such great house as is before
""■^^ ^' appointed, or div'se smaller houses, according to the numb' of families in the
aitneeter ^^^^^ & ^^ different scittuation of them; & it is intended that such psons
as are exempt from ordinary trainings, & do not alowe a valewable recom-
pence, & yet are able to affoard help about this designe, shalbee implied therein
upon training dayes by the appointment of the miUitary offic"./
511— This Court takeing into serious consideration the sev'all deceites & abuses
w*^** in other places have bene & are comonly practized by the tann%
curriers, & workers of leather, as also the abuses & inconveniences w*^^
accrue to the severall members of this comon wealth by leather npt sufficiently
tanned, w*** is occasioned by the negligence & unskillfulnes of those severall
tradesmen, w^^ before & after it is in the hands of the tanner may bee much
eith' furthered or impayred, for ^vention whereof it is decreed & ordered as
followeth : —
To prevent de- !• That no pson useing or occupiing y* feate or mistery of a butcher,
ceito in toning currier or shoomaker, by himselfe or any other, shall use or exercise y* feate
leather. ' •
or mistery of a tanner, on paine of forfeiture of sixe shillings eight peftce for
every hide or skin by him or them so tanned, whilst hee or they shall use or
occupie any of the misteries aforesaid ; nor shall any tanner, dureing his useing
y^ said trade of tanning, use or occupie the feate or mistery of either butcher^
currier, or shoomaker, by himselfe or any other, upon paine of the like
forfeiture./
2. That no butcher, by himselfe or any other pson, shall gash, slaughter,
or cutt any hide of oxe, bull, steere, or cowe, in slaying thereof, or otherwise,
whereby the same shalbe impaired or hurte, on paine of forfeiture for every
such gash or cutt in any hide or skinn twelue pence./
3. That no pson or psons shall, after the 20*^ of the 9*** A next, bargain,
buy, make any contract for, or bespeake any rough hide of oxe, bull, steere,
or cowe in y® haire, but onely such psons as have & do use & exercise the arte
of tanning./
4. That no pson or psons useing, or w®** shall use, y* mistery or faculty
of tanning, shall at any time or times hearafter offer or put to sale any kind of
leather w^*' shalbee insufficiently or not thoroughly tanned, or w^ shall not
then have bene, after the tanning thereof, well & throughly dryed, so that by
the searchers & tryers of leather lawfully appointed shalbee found to bee
insufficiently tanned, or not throughly dryed, as aforesaid, then all & every
such pson & psons so offending shall forfeit so much of his or their said
leather as shalbee found insufficiently tanned, or not throughly dryed/
14 June.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 19
6. That no pson or psons, nseing or occupiing the mistery of tannings 1 6 4 2.
shall sett their £itts in tann hills, or other places where the woozes or leather
which shall be put to tann in the same shall or may take any unkind heats, or
shall put any leather into any hott or warme woozes, or shall tann any hide
with any hott or warme woozes whatsoever, on paine that every person so
offending shall forfeit for ev'y •such offence twentie pounds./ [*15.]
6. That no pson or psons useing or occupiing y« mistery or feculty of
curriing shall curry any kind of leather, except it bee well & pfectly tanned,
or shall curry any hide being not throughly dry after his wett season, in w**
wett season hee shall not use any stale, urine, or any other deceitfull & subtill
mixture, thing, way, or meanes to corrupt or hurt the same ; nor shall curry
any leather meete for utter sole leather w*^ any other than good stuffe, such as
the countrie will affoard, nor of any lesse of that then the leather will receive ;
nor shall curry any kind of leather, meete for outer leather & inner soles, but
w*"* good & sufficient stuffe, being fresh & not salt, & thoroughly liquored
till it will receive no more ; nor shall bume or skald any hide or leather in y*
curriing, but shall worke y* same sufficiently in all points & respect/s, on paine
of forfeiture, for every such offence, or acts done contrary to the true meaning
of this order, the full valcwe of every such hide marred by his evill workman-
ship, w^ shalbee iudged by 2 or 4 sufficient & honest curriers, or other skilfull
psons, on their oath given to them for that end by any Assistant/
7. That every of the regim** of this comon wealth shall appoint & t
sweare one or two psons of the most honest & skilfull w*'*in their severall ^
towneships, by their discretion, to search & veiwe w**^in the pdnct of their
limitts, as often as they shall thinke goode & neede shalbee, & shall have a
marke or scale ^ared for that purpose ; & the said searchers, or one of them,
shall keepe the same scale or marke, & w**^ the same shall scale & marke
sudi leather as they shall find sufficient, & no other; & if the said
searchers, or any of them, do find any leather sold, or offered to bee sold, or
brought to bee searched & sealed, w** shalbee tanned, wrought, converted,
or used contrary to the true intent & meaning of this order, it shalbee lawfull
to the said searchers, or any of them, to seize all such leather, & to retaine
the same in their custody untill such time as the same bee tryed by such
tryers, & in such manner as shalbee in this order appointed./
8. Vpon the seisure of any leather by vertue of this order, the officer so
seizeing the same shall (w^in three dayes) call to him 4 of 6 men, honest &
skilfull in such ware, to veiwe y^ same in the fsence of the gtie, (who shall
have timely notice thereof,) & the said psons so chosen shall certify upon
20 THE RECORDS OP THE COLONY OF
1642* their oathes to the next Co't^ or to two Assistants, the default of the same
^ ~ leather, except the ptie shall before submit to their iudgm*./
14 June.
9. That if any searcher or sealer of leather shall refuse w*'* convenient
speed to seale any leather sufficiently tanned, wrought, & used, according to
the true meaning of this order, or do allowe that w*^** shalbee insufficient, then
every searcher & sealer of leather shall forfeite for every such oflFence fourtye
shillings./
10. That the severall fines & forfeitures in this order mentioned shalbee
equally divided into three ptes, & distributed as followeth : the one pte to the
[*16.1 comon treasur[y of] *the limitts wherein the offence is comitted, another third
pt to the comon treasury of the towncship where such offender inhabiteth, &
the other third pie to the seizer or seizcrs of such leather as is insufficiently
tanned or curried./
11. Provided, that this order shall not extend to avoyde any former bar-
gaine between any tanner & shoe maker, butcher, or currier, or any of them,
concerning the matter of this order./
12 saker bul- It is ordered, that Ipswich shall have 12 saker bulletts w^ their gunfi,
^^ *° ^lien they send for them./
ipgwich & M» The busines betweene the towne of Ipswich for M' Rogers & M' Brad-
reSadto^ strccte is referred to the Govemo', Deputy Govlio', Incr : Nowell, M' Stough-
oommittoe. ^on, & M' Flint, to determine without a iury, the towne being to deliver M'
Bradstreete their declaration a month before, & hee to give M' Symonds his
answere 14 dayes after, & neither gtie to alledge at the hearing any other
matter for substance to put the case to a new issue./
Neaponset o M' Treasurer & M' Parker are appointed to veiwe Naponset bridge, & to
bridge to be • /• i i t r .
▼ejwed. certifye the charge thereof./
512— ^ It is ordered, that after the end of this Co't no petition shalbee received
No petiSon «ift^ i^ any Gen'all Co't after the end of the third day of the sitting of the Co't./
y«3*dayofy« '^ '^ ° '
Court. o It is ordered, that the booke now in Co't, conteining argum*" against the
standing counsell, shalbee comended to the elders, who are desired to retume
their iudgm* & advise about the matter therof to the next Co't/
Dorman o Dcarmont Mathewe was ordered to go home to his m% & if hee can pve
his m' did beate him, when hee came home w*** order fro™ M' Deputy, his m'
to bee punished ; if not, hee is to recompence his m' for da^iage done him, &
losse of his time, & his master was willed for this time not to correct him./
® M' Saltonstalls petition is referred ^ Incr Nowell & M' Ting./
6" to Mary o It was ordered the Treasurer should give Mary Joanes five pounds
Jones. • < 1 • .
against her marriage./
Alt. It was voted, that ryalls of eight should passe at 4* 8** a peece./
THE MASSACHUSETTS BAY IN NEW ENGLAND. 21
It was voted by the Co't to vindicate the office of the standing counsell, 16 4 2.
•as it is now ordered, & the psons in whom it is now vested, fro"* all dishono' ^— y"^"^
& reproach cast upon it or them in M' Saltonstalls booke./ ^14_
Marmaduke Barton is condemned to slavery, & to bee branded, & to o
remaine in slavery till the Co't take further order about him./
Rich'd Bracket was granted three pound, to bee paid him of M' Pococks o
estate, for his charge about Tho : Owen./
It is ordered, that in all tryalls between pty & pty, the iury shall find 515—
the matter of fact, w*** the damages & costs, according to their evidence, & the ^'
judges are to declare the sentence of the lawe upon it, or they may direct the
iury to find according to the lawe ; & if there *fall out to bee any matter of [•IT.]
apparent equity, as upon the forfeiture of an obligation, breach of covenant
w***out damage, or the like, the judges shall determine such matter of equity ;
this order to continue to the next Gen'all Co't/
Every towne w***in this iurisdiction shall choose one or two freemen, who Electift.
shall meete at Salem the first fourth day of the second month next, & shall ^^ '®P*
there consider & agree upon a certaine number of ihe most able & fit men in
this iurisdiction to bee put to nomination for magistrats at the next Co't of
Elections, & their names arc then to bee faithfully certified to the Secretary, &
no other but those to bee put to vote that Co't./
And it is further ordered, that there shalbee no Gren'all Co't held before
the Co't of Elections, except the Gov'no' & other of the ma*'^ shall see iust
occasion to call any in the meane time./
It is ordered, that the Gov'no', M' Bellingham, & the Secretary, w*^ the o
deputies of Boston, shall examine & survey the orders of this last Co't, &
pfect the same for the publishing, & that the Grovemo', w*** such ma*"*" as
shalbee ^ent at Boston the next lecture day, shall give judgment upon the
prisoners, & see execution done, according to the sentence of the Co't/
If any man shall unlawfully have camall copulation w*^ any woman child o 516-
under ten yeares ould, hee shall bee put to death, whether it were w*** or l>c»*^fo'»dul-
w***out the girles consent/
If any man shall forciblely & w***out consent ravish any mayde or woman o 517—
that is lawfully married or contracted, hee shalbee put to deathe./
If any man shall ravish any mayde or single woman, comitting camall 518—
copulation w*^ her by force, against her will, that is above the age of ten
yeares, hee shall bee either punished w*** death or with some other greivous
punishm*, according to circumstances, at the discretion of the iudges; &
this law to continue till the Co't take further order./
If any man shall comit fornication w* any single woman, they shall bee 519-
14 June.
22 THE RECORDS OF THE COLONY OP
16 4 2. punished, either by enioyning to marriage, or fine, or corporall punishm*, or
all or any of these, as the iudges shall appoint, most agreeablie to the word ;
and this order to continue till further order bee taken in it./
520- If any man shall breake up or robb any dwelling house on the Lords
day, when the inhabitants are gone to the worship of God, or coinit burglary
upon any other day, or by night, or shall rob any pson on the way or open
feilds, or shall steale any other goods left abroad, or in the house, shall bee
severely punished, according to the nature of the offence, & the severall aggra-
vations thereof, as y® iudges shall appoint ; this lawe to stand in force till the
Gen'all Co't doth alter it/
[*18.] *It is ordered, that such lawes as make any offence to bee capitall shall
fourthw*** bee imprinted & published, of w*^*' lawes the Secretary is to send a
coppey to the printer, when it hath bene examined by the Gov'nor or M' Bel-
Kngha™ w*** himselfe, & the Treasurer to pay for printing of them,/
[For the list of persons made firee the 18th of May, 1642, see the end of the volume.]
The busines between John Humfrey, Es^, & John Holgrave is referred
to M' Downing, M' Sharpe, & M' Holioke, to heare & determine./
[•19.]
*Ji Gen^oU Court, at Boston, the 8"
* of the r** M% @ 1642,
8 September.
P»8ENT, TheGov'no',
M' Bradstreete,
The Deputy Go :,
M' Stoughton,
M' Dudley,
M' FUnte,
M' Bellingham,
M' Licr : Nowell ;
m
M' Saltonstall,
Deputies,
Leif 1 Haward,
M' Natha : Sparhauke,
Sam : Winsley,
Ca : Willi : Jeanison,
M' Edw* Rawson,
El : Edw^ Howe,
Maximi: Jewet,
Wal : Hayne,
. Franc Parrot,
Thom : Brooke,
M' Sam : Simonds,
Hen : Chick'ing,
John Whipple,
M' Edw* Allen,
Geo : Norton,
who dyed at Co't,
M' Willi : Hauthom,
Cap : Ed : Gibons,
M' Edmo Batter,
M' Willi : Tynge,
M' Edw* Hollioke,
John Johnson,
Ca : Bo : Sedgwick,
Willi : Heathe,
M' Era : Willoughby,
M' Jn«» Glover,
Ca : Geo : Cooke,
Leif : Na : Duncan,
THE MASSACHUSETTS BAY JN NEW ENGLAND. 23
Willi : Cheesbrough, M' Joseph Peck, 16 4 2.
Sam : Basse, Edm® Hubberd, t — '
M' Jam : Parker, Edw* Colcot « Sepunbcr.
WiUi : To^,
CAPT : GIBBENS was appointed to gratify the Indians w*^ were implied
by us, being sent to Passaconnaway. M' Saltonstall & M' Bradstreete
were desired to gratify him whom they implied./
Rich'd White, for his disobedience & miscarriage in refusing to watch,
was comitted to prison till further co'se bee taken. It was after referred to
the Quarter Co'te./
An order was sent to Leif I Greenleefe, or in his absence to M' Wood-
man, for sending home the Indian woman & child from Newberry, & to send
to Passaconnaway for satisfection./
Also, Sergent John Leveret & Sergent Edw^ Hutchinson were sent to
Meantonomo w*** certeine instructions to demaund satisfaction of him : —
L First, to tell them of the credible information wee have received from
diverse (ptly by the relation of the Indians themselues) that they have drawne
in many oth' sachims to ioyne w*** the Naragansets in makeing warr upon the
EnglisL/
2. That wee have heard that Meantonomo intends to possesse himselfe
of the Pecoits & their coimtry, & to make his sonne sachim thereof/
3. That hee hath drawen the Indians of Long Hand, Block Hand, &
other pts thereabouts, being under the ptection of the English, to pay him
tribute./
4. That hee doth keepe divers Pecoits w^ are run away from us, or at
least doth countenance & alow the Niantick sachim so to doe./
5. That these are all breaches of the league & covenant hee hath made
w*** us, & contrary to his pmiae./
6. To acquint him, that one Mischeweese, an Indian about P^dencc,
did lately attempt by force to ravish the wife of one Nicho : Woode, of Dor-
chester, & to desire that hee may bee sent to us to bee punished, not w***
death, but some other punishm*./
So for Willi :, lately the Govemo' his servant, run away, to bee sent us./
7. To take his severall answers to all these./
8. Upon his answers then to signify to Meantonomah, that it is desired
hee would come speake w^ o' Gov'no' ; if hee refuse, & excuse himselfe hee
cannot come, then to send two of his cheife coimcello's to give us ftirther sat-
isfaction hearin, & that w^in 7 dayes./
9. To undertake for their safe comeing & returning./
24 TIIE RECORDS OF THE COLONY OP
10. If they give yo'* occasion, (& not else,) yo" are to informe them of
o' true intent in disarming the Indians neai'e us, & that wee meane to render
them their armes againe when wee are satisfied of their innocensy, & that
what was done to Passaconnaway his sonnc, ^(^, was through his owne pvoca-
tion, & not by any order from us, (for wee intended onely to si)eake w*^ him,)
& that wee have given order to have his squa & papoose to bee sent whom to
him againe./
11. If hee will not pmise to come or send to us, then to t<?ll them, that
if they have so little regard to keepe their pmise to us, wee have iust cause to
account o'selues free fro™ o' covenant w*^ them, as those that arc false to us, &
regard not our freindship nor their owne pmise./
12. Yo^ are to let them know, that wee account the English at Plimoth,
Couectecot, Newhaven, & other pts of the country tliat arc in ffreindship w^
us, as all one w^** o'selues./
[*20.] The Co''t, liaveing good evidence of yo' wisdoms & fidelitj% *have coiuited
this weighty busines unto yo", & for yo' better help in the way thither & con-
verse w*^ them, have poured Benedick Arnold & Aliauton the Indian to serve
yo° as guides & interpreters, & so coniend yo'* to the most wise & gracious
direction, & ptection, & bless* of the Lord God Almighty, p Cur. I. N.,
Sec./
M' Wan'. M' Wannerton had directions as foUoweth : —
The Gen'aU Co't, houlden at Boston, the 8*^ of the V^ A, 1642, (upon
credible information of a gen'all & bloody designe of the Indians against all
the English in this country, & of great supply of powder & guns, w^** they
have from some of the English in the easteme pts, w*^**, liveing alone & under
no gov'nm*, cannot, by any ordinary way of iustice, bee punished or re-
strained,) have given power & comission to yo° to make scisure of all such
powder as yo" shall find in the possession of any such psons whom yo" shall
find (by such pofe as yo" may avouch) to have traded any powder (directly or
indirectly) to any Indian, (leaveing them onely so much as may bee sufficient
for their owne necessary use,) for w*^** this shalbee yo' sufficient warrant p
Cur. I. X., Sec./
Also, letters to bee written to the Gov'no's of other iurisdictions to J^vent
the selling of powder to the Indians./
Upon the frequent complaint of neglect of millitary service & contempt
of authority in y* hand of such coiiiaund's & officers, —
Its ordered, that if any pson shall refuse or neglect to obey y* lawfuU
coiiiaund of any millitary coinaunder or officer in any publick service, vid, as
watching, warding, trayning, marching, or any other service of like kind.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 25
8 September.
whatsoever hee can alleadge to the contrary, it shalbee lawfull for two of y* 164 2.
cheife officers of ev'y company to punish any such pson according to his
desert, by fine not exceeding 20*, or by bilboes, stocks, or such like corporall
punishm^ as is usuall among souldiers, or to comit him to the cunstable, to bee
sent to the next magistrate, who shall bind him over to the next Co't, if hee
see cause./
Its further ordered, that for an equall co'se to bee held in watches, every
pson not exempted from watching by former order of Co't, whether fisher-
man, ship carpenter, or others w*** are exempted from training, shall, not-
w***standing, watch as oth" doe, or pvide a sufficient man in his roome ; this
order to bee in force till the next Gen'all Court of Elections./
This Co't, considering the continuall dangers the inhabitants of each 621-
towne in this iurisdiction are in, by the plots & conspiracies of the heathen
amongst us, knowing it is expected that the severall townes of this iurisdic-
tion bee so advised & directed by this Co't, as that they may not bee ignorant
what to do in times of assault, have thought meete to require each inhabitant
to take notice of these following directions : —
1. That in each towne in this iurisdiction it shalbee lawfull for the
comaunders of each company at any alarum to call their companies together,
& set them in offencive & defencive wayes, as there is occasion, against the
enemy, according to their best wisdome, if direction bee not given by the
counsell of warr in every towne./
2. That an alarum in times of danger shalbee accounted by being
pformed any of these wayes by any inhabitant, vid : by distinctly discharging
three muskets, or a continued bcate of the drum in the night, or fireing the
beacon, or sending a messenger to the adiacent townes, *or discharging a peece [*21.]
of ordnance in the night time ; & every trained souldier is to take the alarum
imediately, on paine of five pound./
3. That every towne pvide a sufficient place for retreat for their wives
& children to repaire to, as likewise to keepe safe the amunition thereof./
4. That the comaunders of each towne, on certeine intelligence, by an
alarum, of an enemy at any one towne, the three next therunto shall, by a
sufficient company by each towne added, repaire to the same towne where the
enemy is first placed./
5. That every smith in this iurisdiction, laymg aside all other busines,
do w*^ all speed attend the repairing of the ammunition of the severall townes,
fitting them for any suddaine occasion, & shall receive country pay for it/
6. That all watches throughout this countrey bee set at sune set, at the
VOL. II. 4
26 THE BECORDS OF THE COLONY OF
16 4 2. beate of the dnim^ & not bee discharged till the beate of the drum at smme
~ ^ ^ riseing./
^^g ' This Co'te, takeing into serious consid'ation the ^sent danger of each
plantation by the despate plots & conspiracies of the heathen^ as also that they
might bee furnished w*^ such store of powder as may ]^ent any suddaine
invation, have thought meete to appoint John Johnson, of Roxberry, the
gen'all surveyor of the armes, on the demaund of any sufficient inhabitant of
each towne, to deliv' the severall pportions of powder w**^ in their warrant
from the Gen'all Co't shalbee mentioned, according as is hearunder written &
agreed upon, pvided the said inhabitant doth under his hand acknowledg the
receit thereof, & securely keepe the same, not delivering any gte thereof out
of the said store w***out ]^ent necessity requiring, & then on such good satis-
faction as may most likely purchase powder againe ; & if it bee not in such
service used, the same to take into his possession againe, or such a full store
of fresh powder in weight equalizing y* w^ was deliv'ed in place ; and that
the severall townes w*^** have already had delivered any powder out of the
countryes store, & w^ exceeds their pportions hearunder mentioned, shall,
w***in one month, deliver the surplus of such powder in their hands, w*** suffi-
cient pay, unto the said John Johnson, for that w*^** is delivered out, that so
the country store may bee renewed against times of danger, & that the deputy
of each towne, at the Gen'all Co't of Election, from time to time shall certify
the Co't of the case & condition of their said townes store of powder./
The names of the townes & the pportions thereof are, —
Hampton, 1 barrcll. Sudberry, 1 barrell.
Salsberry,
1
Concord, 1
Newberry,
1
Dorchester, 2
Eowley,
1
Eoxberry, 1
Ipswich,
4
Braintree, 1
Salem,
4
Waymoth, 2
Glocester,
1
Hingham, 1
Linn,
1
Boston, 2
Charlstowne,
2
Memorandn : That Hampton & Newberry had
Cambridge,
1
each of them a
barrell before, w*** they are to alow
Watertowne,
1
for.
besides the barrell w*^*^ is now alowed to each
Dedham,
1
of them by this
order./
[*22.] *Watertowne hath 12 months liberty to pay for the two barrells of gun-
powder./
523- Willi : Arnold, Bob : Coale, Willi : Carpenter, & Bened : Arnold, his
company, upon their petition, were taken under o' government & ptection./
THE MASSACHUSETTS BAY IN NEW ENGLAND. 27
Willi : Arnold, Robert Code, Benedict Arnold, & Willi : Carpenter is 1642.
to see to keepe the peace in their lands./ '^^"v-^-*'
The Secretary, the- Treasurer, & John Johnson are appointed to take ^
account of M' Harvards amunition supplied to the countrey./
The traders are to give account of the wampam./
It was appointed thanks should be returned to M' Willobie, M' Haugh-
ton, & M' Andrews, w*** oth", for their kindnes./
Capl Willi: Traske, for neglecting the execution of his warrant, was
admonished & fined five pounds./
The towne of Cambridg, for neglecting their powder, is fined fourty
shillings. The bushell of apples was paid in./
M' Eob't SaltonstaUs rate, w*^** hee is to pay for his broth', is respited till
the next session./
Glocester is to have ten muskets of the countries lent y™./
For the ministers ppounded to bee sent to Virginea, it was voted, that if
the churches will consent to have them go, the ma**** should comend them to
the government there./
The Secretary, the Treasurer, & Capl Gibbens were appointed to give Refered to
directions to Capl Stoughton about the goods w^ Capl Sedgwick brought ton aftenwd.
over, that the whole 520* principle bee returned to pcure a new supply
therew***. Repealed./'
The Court is adioumed to the 27*^ of this fsent A./ Adiom.
Ipswich Court is adioumed for 14 dayes./
The Court desired, if the churches thought meete, to have a day of
humiliation kept the 22*** ^sent/
27^. 27 September.
It was referred to the Treasurer & Capl Gibbens to gratify Meantonomo m» Jn« Clark©,
w*** a coate & some tobacco, & Cutshamache a coate, & Ahauton for his ^^ wiiiWai-
iomeyes to give him satisfiwtion, & also to satisfy Benedick Arnold./ ^'^* <^*™® "*-
Also, Passaconway to have satisfaction./ Rauson, M»
And for John Dover to have 80- alowed him for his iomey to Conec- cotol^'' ^'^'^
tecot/
It was ordered, that all the Indians axmes should bee restored to them
againe./
It was ordered, that, for the payment of the rate, (w*** is to bee paid the
nynth month,) wheate & barley shall passe at 4sh* the bushell, rye & pease at
3' 4*^ the bushell, Indian come at 2' 6** the bushell, in these at these prices ; or
in beaver, money, or wampam pay is to bee made./
28 THE RECORDS OF THE COLONI* OP
16 4 2. It was ordered, that the 80* pfit of the 520* in Capl Sedgwicks hands
'"■"^-^^"^^ should bee paid, halfe to M' Dunster for the coUedge, & the other halfe to
27 September. >^ * « i > ^ .
Capt Sedgwick./
524- It is ordered, that every man shall pay ten shill*" before his cause bee
entered, unlesse the Co't see cause to admit any in forma pauperis./
525— It is ordered, that Boston small Co't shall have power to end any cause
under 100*, as Salem & Ipswich have./
M' Clarke is appointed in M"^ Rawsons place to end small causes at
Newberry./
r*23.1 •Ensigne Cakebread is appointed to lead the company at Sudberry as
ensigne./
M' Stephen Winthrope hath liberty to go for England./
M' Ralph Wheelock is appointed in M' Edw* Aliens place to end small
causes at Dedham, & to bee clarke of the ritts./
Wooborne. Charlestowne village is called Woobome^
M"^ Bellingham, M' Saltonstall, M' Symons, M' Hauthome, Cap? Jeani-
son, GoodM Johnson, & Good& Heath are appointed a committe to consider
(whether in tryall of causes to retaine or dismise iuries) against the Co't of
Elections./
M"^ Treasurer, M' Parker, Leifl Duncan, M' Glover, & GoodM Cheesbro,
these, or any three of them, are appointed a comitte to veiw & seeke out a
convenient place for the high way & fferry at Dorchester, & certify the next
Co't/
It is ordered, that the high way from the written tree to Winnetsemct
should bee alowed through M' Keaynes & M' Newgates ground till the
other way bee mended, & the gates made convenient or left open for men
to passe./
M' Hauthome is dismissed from any attendance about the booke for w**
hee was formerly questioned./
It is ordered, the ma*^** should send to demaund all the tribute dewe to
us every where./
John Bridge is appointed insteed of M' Allen, deceased, for to lay Cap?
Jeanisons land out/
Eleazar Lusher is appointed insteed of M' Allen, for to lay out Samu :
Greens farme./
526- It is ordered, that every Co't should have a coppey of the lawes at the
publique charge./
527— For the better direction of the watch & alarums in this iurisdiction, for
*^*^- greatest safety of the severall townes, and whole countrye, it is ordered, first.
TIIE MASSACHUSETTS BAY IN NEW ENGLAND. 29
that besides the country alarum there shalbee an alarum for each severall 1 6 4 2«
towne, in this manner : One musket discharged shalbee an alarum to all the ^""' ^ ~'
sentinels at the severall quarters of each towne, who shall answere the said
alarum, not by shooting of any more peeces, but by going to & awakening the
sev'all houses w^in their quarts by crying, Arme ! arme ! Thus the towne
being raised, if danger appear, it shalbee in the discretion of the cheife offices
either to strengthen their sev'all quarters as they shall see occasion, or else to
give an alarum to the whole country. It is left to the discretion of the cheife
officers of every towne to appoint the most convenient quarters or randevous
where to set sentinels or Co'ts of garde./
It is ordered, that all the f>sent inhabitants of Pascata^ who formerly ^528—
were free there shall have liberty of freemen in their severall townes to man- P««iu»cataq».
age all their towne affiiirs, & shall each towne send a deputy to the Gen'all
Court, though they bee not at ^ent church members./
This Co^'t, consid'ing the oft occasions wee have of trading *w*** the Hoi- 529-
landers at the Dutch plantation & otherwise, do therefore order, that the Hoi- [*2'^-]
land ducatour, worth 3 gilders, shalbee currant at 6* in all paymt* w***in o'
iurisdiction, & the rix doller, being 2^ gild's, shalbee likewise currant at 5",
& the ryall of 8 shalbee also currant at 5"./
It is ordered, that all vessels of caske used for any liquor, fish, or other 529-
comodities to bee put to sale shalbee of London assize, & that fit psons shalbee ^°**P®^-
appointed from time to time, in places needfuU, to gage all such vessels or
caske ; & such as shall bea found of due sise shalbee marked w*^ the gagers
marke, & no other ; & hee shall have for his paines 4^* for every tun, & so
pportionablely ; & it is ordered, that M' Willi: Aspinwall, M' Venn', &
Thom: Boarman shalbee gagers of caske for this yeare, & till other bee
chosen in their roome. The gagers m'ke shalbee G./
The townes men in every towne shall take order that ev'y house, or some 53(>-
two or more houses to ioyne together for the breeding of salt peeter in some ^^
out house used for poultry, or the like, & to give them direction about the
same, according to the former order of Co't, w*^** order is hearby repealed,
save onely to bee made use of for direction of families in their sev'all houses
appointed by this order ; & every towne w**^ shall neglect the execution of
this order before the last of the first month next, shall forfeit 20" ; & ev'y
family so appointed that shall faile therein shall forfeit for ev'y month so fail-
ing 12**, & to let them know that such peeter as shalbee raised by this meanes
shalbee to the publique use ; but the owners shall have a due price for the
same./
Boston, Serg* Leveret ; Charlstowne, Thom : Peirce ; Cambrig, Ser
30
THE RECORDS OP THE COLONY OP
1642.
27 September.
631^
CoU.
College over-
■een.
[•25.]
532-
Marsh.
French ; Watertowne, S'g* Beeres ; Concord, Geo : Foule ; Sudbury, Ensi :
Cakebread ; Dedha, S'g* Philips ; Roxberry, Serg* Hewes ; Dorchest', S'g*
Clape ; Braintree, Martin Saund's ; AVajonoth, Bob't Martin ; Hinghara,
Bozoon Allen ; Lin, S'g* Tomlins ; Salem, M' Garford ; Ipswich, Edm :
Goodner ; Kowley, Jos : Jewet ; Newberry, M' GreenlifFe ; Salsberry, S'g*
Chalice ; Hampton, Will : Esto ; Gloster, M' Bruen ; Northam, Willi :
Pomfret/
These to have the charge of looking to this order, & to have halfe the
forfeitures of the sev'all families for their labo', & the other halfe to bee
bestowed for furthering the worke./
Whereas, by order of Co't in the 7**^ A, 1636, there was appointed &
named six ma*^** & six eld's to order the colledge at Cambridge, of w*** twelue
some are removed out of this iurlsdiction, —
It is therefore ordered, that the Govemo' & Deputy for the time being,
& all the ma^*" of this iurisdiction, together with the teaching eld's of the
sixe next adioyning townes, that is, Cambridge, Watertowne, Charlestowne,
Boston, Eoxberry, & Dorchester, & the ^ident of the colledge for the time
being, shall have from time to time full power & authority to make & establish
all such ord's, statutes, & constitutions as they shall see necessary for the
instituting, guiding, & furthering of the said colledge & the sev'all memb's
thereof from time to time in piety, morality, & learning ; *as also that they
shall have full power to dispose, order, & manage, to the use & behoofe of the
said colledge & members thereof, all gifks, legacies, bequeathalls, revenues,
lands, & donations, as either have bene, are, or shalbee conferred, bestowed,
or any wayes shall fall to the said colledge ; & whereas it may come to passe
y* many of the said ma*^'" & eld's may bee absent, or otherwise implied in
weighty affaires, when the said colledge neede their ]^ent helpe, councell, &
authority, therefore it is ordered, that y* greater number of the said magis-
trates, eld's, & president shall have the power of the whole ; provided, also,
that if any constitution, order, or orders shalbee made that is found hurtfuU
to the said colledge, or the members thereof, or to the weale publike, that
then, upon the appeale of the partie or parties aggrieved to the said overseers,
that they shall repeale the said order or ord's at their next meeting, or stand
accountable thereof to the next Gen'all Co't/
It is ordered, that 200* shalbee aded to the form' rate or seasment, ac-
cording to the former pportion./
It is ordered, that the marshalls stipend shalbee abated henceforward to
10* p @, & his fees according to order./
1
I
THE IVIAS3ACHU3ETTS BAY IN NEW ENGLAND. 31
I
I The Govemo', M' Dudley, M' Bellingliam, & Incr : Nowell are desired 16 4 2.
I to consider of Goodfli Morrels petition./ ^
. . 27 September.
I Shermans petition is granted to bee refered to a committer according to
' order in that case pvided, if hee desire it/
! It is ordered, that the associats at Pascataque shaU have power to try any
j cause under 20*, though no other bee sent to them./
j • AViili: Hilton, Willi: Wald'n, Edwa: Colcote have authority to end
I diflFerences under 20sh'./
' M' Francis Williams is ioyned an associate at Pascataq../
i ' Willi : Wilson his stipend is abated to 10* henceforwaid p @ , & his 533-
fieesy ^^P-
\ M"^ Pinchen is appointed to pay according to the order for the beaver
trade./
The comitte to meete at Salem is to meete the first third day of the first. Elect
month, to consid' of new ma*™**./
It was ordered, that M' Stoughton shall have two demicnlveren, to bring Armes lent
! back drakes for them, or retume them./
The survcyar gen'all of the armes of the country shall have power to sell .534—
any of the country armes for an equall price, either in come or other country ^^*
Sell armes.
pay, & to pvide armes agame therew*** so soone as may bee, so hee sell them
not out of this iurisdiction./
All psons exempt from training, who yet are to find arms & are able 535—
to use them, shall appear w^ their compleat arms before the millitary
comaunders t\^4ce in the yeare to bee exercised, except ma****", elders of
churches, phisitians, scholers, & surgeons./
The magistrates in & neare Boston, w*** the deputies of Boston, Charles-
towne, Cambridg, Watertowne, Roxberry, Dorchester, or the greater part of
them, are appointed to bee a comitte to treate w^ any comission" from
Plimoth, Coiiectecot, or Newe Haven, about the union, & concerning avoyd-
ing any danger of the Indians, & to have power to do hearin what they shall
find needfuU for comon safety & peace, so as they enter not into an offencive
warr w^'^out order of this Courte./
•The order for ^venting the sale of insufficient leather, ^6, shalbee ex- [*26.1
tended to leather wrought into shewes or bootes as well as unwrought leather, 536—
& searchers are to bee chosen by the severall townes, & Rented to some
magistrate to bee swome to the due execution of the trust comitted to them./
The stock of 520* in Capl Sedgwicks hands is ordered to bee delivered
to Capl Stoughton, to bee implied by him for the countrey in such comodities
as hee shall thinke most needfull./
j:\- .'."J:
32 THE RECORDS OF THE COLONY OF
16 4 2* It was ordered^ that the house^ land^ & goods of John Edwards should
~ ^ *^ bee Harman Garrets & his heires, according to appraisefii./
^^- * The tenants of the ferry fro™ Boston to Winnetsemet are remitted all
the former rent, & 40sh" p @ is remitted for time to come, onely they are to
passe the ma*~*" & deputies freely, in the countryes service./
M' Willi : Paine undertooke to answere the action of Hen : Cosga./
George Millard, upon the petition of his m% Cap : Bridges, is sett free./
It was ordered, that M' Mav'rick should pay p^sently in 30* of his fine, &
have sixe months for the other 30*, & all to bee payd in good marchantable
paym*, according to the last order./
It was ordered, that the elders should bee desired to take the case of the
inhabitants of Strawberry Banck into their consideration, & affoard their help
for pviding a minister for them./
538— The inhabitants of Northam, upon their petition, are granted the liberty
Northam peti- ^ch other townes have ; & M' Samu : Dudley, M' Wi : Paine, M' Winslow,
con an»»*.
& Mathew Boyse are to settle their limitts./
Wee thinke wee are boimd to defend their right, according to o' agreem*
w*** M' Whiting & his company, so as nothing bee done to the fiudice of M'
Whiteing & comp*, till the matter bee decided./
They shall have a barrell of powder, delivering dry fish for it at Boston,
by agreement w*** the surveyar generall./
The difference between this Co't & M' Whiting w*** his comp* is comitted
to 3 or 4 of the ma*"*" about Boston, to take some co'se for the spedy deter-
mineing of it, as they shall thinke fitt/
M' Rob't Saltonstalls & M' Hoffs petitions are not granted, because no
warrant is found for the disbursm* of it, nor proofe of the receit of pticulers
for the coimtry./
The petition fi)r M' Wheelright, if hee himselfe petition the Co't at
Boston, they shall have power to graunt him safe conduct/
13: 8 M\
It was ordered by the comitte assembled, that the watches should bee
layd downe./
M' Bellingham, Capl Cooke, & Leif I Dimcan were appointed to go to
Newe Plimoth to settle the busines about M' Androws his 500*, to take band,
seale their discharge, & take their discharge for M' Androws./
THE MASSACHUSETTS BAY IN NEW ENGLAND.
33
•A GeneraU Court of Elections, held at Boston, the Iff^ Day of the 16 4 3
a* M% @ 1643.
~ - — 9 \.
ijy
10 May.
NT, M' Gove'no'^,
M' Bradstreete,
[♦27.]
M' Deputy Go :,
M' Flinte,
M' Dudley,
M' Symonds,
M' Bellingham,
M' Hibbens ;
Incr: Nowell,
Deputies,
•'
Henry Chick'ing,
Willi : Carpenter,
Edmond Bice,
Edward Holyoke,
•.
Thorn : Brooks,
Edward Tomlins,
Edward Howe,
Willi : Hauthome,
Thorn : Mayhewe,
Edmond Batter,
George Cooke,
Willi : Hubberd,
Nathani: Sparhauke,
Joseph Medcalfe,
Edward Gibons,
Mathew Boyes,
Willi : Tynge,
Maximi : Jewet,
Bobert Sedgwick,
John Clarke,
Rich'd Russell,
Edward Woodman,
Hugh Prichard,
Willi : Haward,
John Glover,
Edward Johnson,
Humfrey Atherton,
George Norton,
Samu : Basse,
Willi : Hooke,
Stephen Kingsley^
Christo : Batte,
Bozoon Allen,
Edward Starbuck*
Josua Hubberd,
James Parker,
WilU : Tory,
Joseph Weld.
JOHN WINTHROPE, Esqp, was chosen Govemo', & tooke his oath
to that place apperteining.
John Endecot, Esqp, was chosen Deputy Gov'no', & tooke his oath*
Thorn : Dudley, Es^, was chosen an Assistant, & tooke his oath.
Bich'd Bellingham, Es^, was chosen an Assistant, & tooke his oath.
Rich : Saltonstall, Es^, was chosen on Assistant
M' John Winthrope, lunior, was chosen an Assistant
Increase Nowell is chosen an Assistant, & tooke his oathe.
M' Symon Bradstreete is chosen an Assistant, & tooke his oathe.
M' Israeli Stoughton is chosen an Assistant
M' Thorn : Flint is chosen an Assistant, & tooke his oath.
M' Willi : Pinchen is chosen an Assistant
M*^ Samu : Symons is chosen an Assistant, & tooke his oathe.
M' Willi : Hibbens is chosen an Assistant, & tooke his oathe.
VOL. II. 5
34 THE RECORDS OF THE COLONY OF
10 May.
16 4 3. M' Willi : Tynge is chosen Treasurer.
M' Symon Eyres, Capl Jeanison, & Hugh Mason, & John Sherman till
Cap? Jeanison come, are appointed to end small causes in Watertowne und' 20*.
Whereas it hath pleased the Lord, who, of his free grace & mercy, hath
fro™ time to time taken the care of & pvided for the safety & good of his
poore churches & people hear in Newe England, so to move the harts of the
hono'^able House of Comons in England as they have bene pleased to make a
speciall order in o' favo% for acknowledgm* of our humble thankfulnes, &
^serving a gratefuU remembrance of the hon'able respect fro™ that high co't,
it is ordered, that the said order, being sent to us under the hand of the
clarke of the said honorable House of Comons, shalbee entered among o^ pub-
lique records, to remaine there to posterity.
Veneris x° Martij, 1642.
539- Whereas the plantations in Newe England have, by the blessinge of
Almighty God, had good & prosperous successe, w***out any publique cha'ge to
this state, & are now likely to pve very happy for the ppagation of the gospell
in those parts, & very beneficiall & comodioiis to this kingdome & nation, the
Comons, now assembled in Parliam*, do, for the better advancement of those
plantations & the incuragm^ of the planters to pceede in their undertaking,
ordaine, that all marchandizes goods that by any marchant or other pson or per-
sons whatsoever shalbee exported out of this kingdome of England into Newe
England, to bee spent, used, or imply*d there, or, being of the growth of that
kingdome, shalbee fro" thence imported hither, or shalbee laden or put on board
in any ship or vessell for necessaryes in passing & returning too & fro ; and
all and ev^ the owner or owners thereof shalbee freed & discharged of & from
paying & yeelding any custome, subsedy, taxa56n, imposition, or other dutye for
the same, either inward or outward, either in this kingdom or Newe England,
or in any port, haven, creeke, or other place whatsoever, untill the House of
Comons shall take furth^ order therein to the contrary ; and all & singuler
customers, farm^s, .& collectors of customs, subsedies, & imposts, & other
offices, ministers, & subiects whatsoever, are hereby required & enioyned, that
they & every of them, upon the showing fourth unto them this order, or a
true coppye thereof, under the hand of the clarke of the House of Comons,
w***out any oth'^ writ or warrant whatsoever, do make full, whole, & entyre &
due alowance & clear discharg imto the said owners of the said goods & mar-
f*28.] chandizes, their factors, servants, & *agents, according to the tenour & true
meaning of this order.
H : ELSYNG, Cler Pari. D. Cofll.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 35
10 May.
Edward Bate^ Willi : Tory, & Nicho : Philips are appointed to end small 16 4 3*
businesses under 20* at WaymotL
M' Willi : Perkins is appointed clarke of the writts at Waymoth.
Samu : Basse, James Penniman, & Alexand' Winchester are appointed to
end small businesses at Braintree imder 20sh'.
John Saunders, M' Samu : Dudley, & Christo : Batte are appointed to end
small businesses at Salsbury under 20sh'.
Obedi : Brewen is appointed clarke of the writs at Glocester.
M' Willi : Stevens, Obedi : Brewen, & George Norton are appointed to
end small causes at Glocester under 20sh'.
M' Willi : Hauthome is appointed to record sales & mortgages in the
absence of M' Downeing, & till M' Downing retume.
M' Peter Noyse, Edmond Goodenow, & John Bent are appointed to end
small businesses under 20sh" at Sudberry.
Edward Converse, John Mousall, & Ezechi : Bichardson are appointed to
end small bxisinesses under 20* at Woobome. ^
Edward Johnson is appointed clarke of the writs at Wooborne.
It is ordered, that after the last of the 3"* A, till the end of the 6**» A, it
shall bee lawfull to fish ground with cod & basse, notw***8tanding the former
order.
M' Willi : Hauthome & M' Edward Holyoke are appointed to assist in
the Co'ts at Salem.
Those w<* were to assist at Ipswich Co't are to assist stilL
M' Saltonstall had leave to depart because of his wife's ilnes.
The Gov'no', M' Dudley, M' Bradstreete, M' Treasurer, Capl Gibons, &
M' Hauthome are chosen to treat w*** o' freinds of Conectecot, New Haven,
& Plimoth about a confederacy between us.
M' Humfrey Atherton & M' Edward Tomlins are appointed to go w**"
Goo : Willi : Arnold to speake w*** M' Greene, M' Warner, & Bach'd Water-
man, & the rest there, & to imderstand how things, according to instructions
to bee given them in writing, & to get & bring Will, the Indian, if they can.
It is ordered, that the agreem^ between Iswich & Salem bee recorded.
The 21^ of the First Month, 1643.
At a meeting by us whose names are underwritten, chosen by the towns
of Salem & Ipswich, & haveing full power either towne to agree & determine
of the boimds between the said townes, do in the behaulfe of each towne agree
& determine the same as followeth : Imprimis, wee conceive that the meeting
houses of the two townes stand from each other north north east haulfe a point
36 THE RECORDS OP THE COLONY OP
easterly, & south south west haulfe a point westerly ; whether it bee exactly
so or no, wee are fully agreed that the line betwixt the two townes shall run
as folio weth, vizj : From the bound tree near John Fairfeilds house west north
west halfe a point northerly, & est south east haulfe a point southerly, as the
trees are marked both wayes from the said boimd tree.
WILLI: HUBBERD,
JOHN TUTTELL,
JOSEPH YOI^GS,
ROGER CONANT,
JEFFRY MASSYE,
JOHN BALCH,
THOM: HOWLET,
JOHN GAGE.
Edward Converse, Ezechiell Richardson, Cap? Cooke, & Edward Gofie,
w*** M' Stileman, are appointed to lay out the way from Cambridge to
Woobome.
The CoH granted Squa Sachem haidfe a pound of gunpowder, & her
peece to bee mended.
M' Hooke had leave to depart, not being welL
540- It is ordered, that all the armes, ammunition, & ordinance should bee
fetched from Castle Iland w^^in two months, & that Charlstown, Cambridg, &
Ipswich shall have each of them a drake, & that Capl Sedgwick, Cap?
Gibbons, & Capi Cooke shall dispose of the amunition, armes, & ordinance,
& utensals, & the surveyar to have an invoyce of all ; & Charlstowne to have
such carriages & other things as they neede toward the money w^ hath bene
pmised them, & the surveyar generall to have the armes.
[*29.] *And Cap? Sedgwick, Cap? Gibbons, & Cap! Cooke are appointed to take
charge of fetching whom these things, & to let the iland as they can yearly./
It is ordered, that Cap? Sedgwick should have what hee hath layd out
upon the Castle upon his account \o the Treasurer.
The Con voted & ex^ssed their consent to the articles between us, Conec-
tecot, Newehaven, & Newe Plimoth, if they consent to them, & appointed
them to bee transcribed & subscribed by the Secretary.
• John Gwin, for his reproachfiill & clamoros speaches, was fined 20*, w«*»,
upon his humble acknowledgm* of his &ult, was abated to 5*, w^** Capl Sedg-
wick undertooke.
It is ordered, that M' Bradstreete & M' Symonds should give M' Salton-
stall his oath.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 37
It is ordered, that M' Deputy, M' Saltonstall, M' Bradstreete, M' Symons, 16 4 3.
or any two of them, should go & keepe Co't at Pascataque, M' Williams, Capl ^^^ ^ *^
. 10 May.
Wiggen, & M' George Smyth to assist them, & to bee comission" there. ej^-i
& Cap? Wiggens authority is appointed to extend to Hampton, as
before.
The forenamed comission" have liberty to keepe Co'ts for small causes, as
before.
And two bigger Co'ts are to bee kept there, the one betwen the English
& Indian harvest, & the other in the spring..
The gentlemen that keepe C^'t at Pascataque are desired to veiw the T* ground in
ground in question, & see if they can compose & settle things betwen Dover jy^^^ ^ stmw-
& Strawberry Banck ; & if they can not, to certify the Co't how they find *^^ Bancke.
things.
Thomas Bayes, being convented for mutinos & turbulent speaches, was
fined 5S & bound in 20^ to appear at the Quarter Co't the first month, & to
bee of good behavio' the meane while.
Bobert Crosman, for his offencive speaches, was fined 26sh', & bound in
10* to appear at the Q'ter Co't in y* first A, & to bee of good behavio* the
meane time.
Henry Chickering, Willi : Ballard, Tymo : Dwyte, & Bob't Hinsdel are
bound for the two ^es of Thorn : Bayes & Rob't Crosman, w**^ is 6*.
M' Wheelright had a safe conduct granted, & liberty to stay 14 dayes, so
it bee w^^in 3 months next ensuing.
The order that restrained the killing of calues for some months is re-
pealed.
Excetter petition was answered, being it fell w*^in o' pattent; the Co''t
tooke it ill they should capitulate w*** them.
About elections : It is ordered, that the order made at the Gen^all Co^ 542-
the W^ of the S^ A, 1640, 446, for a free & orderly course to bee held for
the nomination of such as are to bee put to election for new ma*^*", shalbee
revived, & stand in force untill this Co't shall see cause to alter or repeale it,
w^^ this explanation onely, that whereas it is ex^ssed in the said order that the
deputies shall ppound to the freemen whom they would have put to nomina-
tion for ma*"^, the intent of the said clause is not that the deputies should
have the sole liberty of nomination, but that all the freemen should have
equall liberty w"^ them therein.
It is ordered, that warrant should bee sent to the townes to send the
number of males from sixeteen year ould to sixetie, in the begining of the 6**"
A next
as
THE REOOaDS OF THE COLONY OF
ir^
1643.
,10 May.
[♦30.]
600 acr^ to M'
Na:Wai:d.
643-
M' Edward Tomlins is appointed clarke of the writts at linn, in M'
Sadler his place.
It is ordered, concerning members that refuse to take their freedom, the
churches should bee writ unto, to deale w*** them.
The Govemo' & M' Dudley are appointed on the comitte to *treate w*^
0' brethren & confederates of .Conectecot & Newehaven, & if either of the
former bee hindered, M' Bellingham is appointed in his steede.
M' Natha : Ward is granted his &ime of 600 acres, as neare Pentucket
as may conveniently bee, to bee layd out by S'gent Howlet, of Ipswich,
Joseph Jewet, of Rowley, & Phihp Chalice, of.Salsbry.
It is ordered, that M' Bellinghams account should be Spared & given in
to the comitte w"*in two months.
& M'^ Tynge is to perfect his account against the next session, & such
as are behind are to pay the 7^ A, in mony, or Inglish wheate.
It is ordered, that the millitary offic's in every towne shall appoint what
armes to bee brought to the meeting houses on the Lords dayes, & other times
of meeting, & to take order at farmes & houses remote, that amimition bee
safely disposed of, that an enemy may not possesse himselfe of them.
The whole plantation w^in this iurisdiction is divided into four sheires,
to wit: —
Essex. Salem,
linn,
Enon,
Ipswich,
Bowley,
Newberry,
Glocester,
Cochichawick.
Middlesex. Charlstowne,
Cambridge,
Watertowne,
Sudberry,
Concord,
Woobome, *
Meadford,
linn village. ||Reding.||
Suffolk. Boston,
Boxberry,
Dorchester,
Dedham,
Braintree,
Waymoth,
Hingham,
Nantaskot.
Norfolk. Salsberry,
Hampton,
HaveriU,
Excetter,
Dover,
Strawberry Banck.
It was agreed that Benedick Arnold
should be alowed four pounds for his
paines.
It was ordered, that the first day of
the 4^ month should bee comended to the
severall churches in o' iurisdiction to bee kept a day of publique humiliation,
for the sad condition of o^ native country.
The magistrates in the Bay, or any 3 of them, w*** the deputies of the
next townes, or any 5 of them, are authorished & ordered a comitte to treate
w^ Fumhom & Sachanonocho about their submission to us, & to conclude w^
them, & receive them under o'^ iurisdiction, if they see cause, & to wame any
to desist w*** shall disturb them.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 39
10 May.
M' Prichard, M' Glover, M' Weld, & M' Atherton, or any three of 16 4 3.
them, are appointed a comitte about the receiving & ordering of M' Andros
gift, & the specialties were deliv'ed them, to wit : of M' Bradford & comp*
for 333. 6. 8^ M' Atwoods byll for 36*, M' HiUs byll for 20. 18. 4^ &
the psent Gov'no's byll for 100* ; also a note for 44. dsh' more (if it bee not
cleared to the satisfection of M' Andros) was deliv'ed in by M' Bellingham,
Cap? Cooke, & Leif? Duncan.
Capl George Cookes byll, for paym* of 20* at 30 dayes, M' Nqrcrose his
byll for paym* of 6*,
& M' Strange his order were delivered by M' Hibbens in to the
Treasurer.
Cap! Gibons, Capl Sedgwick, Capl Cooke, M' Hawkins, Capl Denison,
& GoodM Edward Johnson, they, or any foure of them, are appointed to con-
sider of some orders to put the country into a posture of warr, & that armes
bee put *in order, & they to see to fortifications, & to ppound such order as [*3L]
they thinke of to the Co'te.
The 305* worth of goods are comitted to M" Stoughton, according to
M' Stoughtons advice, (to sell by retale at 4** in the shilling, for 14 dayes,) to
pay by the first retume mony, or bills, as shee pleaseth, & if not then paid,
to pay by the 15"* of the 8*** A, in money, bylls for England, or Inglish
wheate at a due value by appraism^ w^ payment the Co't shall choose.
The former comitte of ma*^** & deputies are authorished & appointed to
examine & perfect the lawes.
For ^venting of occasions of partiall & undue pceedings in Co^ts of 544^
iustice, & avoyding of iealosyes w®^ may bee taken up against iudges in that
j kind, it is ordered, that in ev'y case of civill nature, between partye & partye,
where there shall fall out so neare relation between any iudge & any of the
parties, as between father & sonne, (either by nature or marriage,) brother &
. brother, in like kind uncle & nephewe, (landlord & tenant, in matters of con-
siderable valewe,) such iudge, though hee may have liberty to bee ^sent in
the Co't at the time of the tryall, & give • reasonable advice in the case, yet
shall have no power to vote, or give sentence therein, neither shall sit as a
iudge, but beneath the bench when hee shall so pleade or give advice in the
case.
For pventing disorder in come feilds w^** are- inclosed in comon, it is 545—
ordered, that those who have the greaf^ quantity in such feilds shall have
power to order the whole, notw***standing any former order to the contrary,
& that every one who hath any part in such comon feild shall make & main-
tame the fences according to their severall quantities.
40
THE RECORDS OF THE COLONY OF
16 4 3.
10 May.
Adio'3.
7 September.
[♦32.]
546-
22 June.
This Co't being to bee adioumed^ it is desired^ that ev'y member of this
Co^t will use their best indeavo^ in the mean time to informe themselues & the
Co't concerning the question about the negative vote, & to take advice from
any therein ; and it is ordered, y* it shalbee no offence for any of them, or any
other, either elder or other pson, who shall, either privately or in any lawfull
assembly, deliver their minds, soberly & peaceably therein, or to deliver the
same in writing, in any modest or breife way, so it bee under their hand, &
the elders to bee desired to give their advice in the case.
M' Saltonstall tooke the oath of the Assistants.
The Co't is adioumed to the first Thursday of the 7"* A next
V^ Septemb, 16-13.
It is conceived by those that are appointed to lay out the way between
Waymoth & Braintree that the way w'^out the ffeild at Manatacul is conceived
to bee nearer & more comfortable, & not so troublesome to the country in
regard of putting up & downe the rayles ; neth' will so much damage redound
to the inhabitants in regard of spoyU their come, as formerly hath bene.
MOSES PAINE,
ROB^T MARTIN,
EDWARD B X ,
MARTIN SANDERS.
•This writing is to testify that wee, Pumham, sachem of Shawomock, ^6,
& Sacononoco, sachem of Patuxet, ^3, have & by these ^ents do volentarily
& w***out any constraint or pswasion, but of o' owne free motion, put o'^selues,
o' subiects, lands, & estates under the govin* & iurisdictio of the Massachu-
sets, to bee gov'ned & ptected by them according to their iust lawes & ord's,
•
so farr as wee shalbee made capable of understanding them ; & wee do pmise,
for our selues, & all o' subiects, & all o' posterity, to bee true & fidthfull to
the said govemm^ & ayding to the maintenance thereof to o'^ best ability, &
from time to time to give speedy notice of any conspiracy, attempt, or evill
intension of any w*^** wee shall know or hear of against y* same ; & wee do
pmise to bee willing from time to time to bee instructed in the knowledge &
worship of God. In witnes whereof wee have hearunto put o' hands, this
22"» of the 4*»> A, 1643.
The m'ke
of Sacano-
noco.
The marke
of Pumhom.
22 June.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 41
This was signed^ after clear interpretation of every perticuler by their 16 4 3.
owne interpreter. Benedick Arnold, in the ^sence of ns whose names are sub-
scribed, & many of the eld's, & others.
JO : WINTHROPE, Gov'no%
THOM: DUDLEY,
EICH^D BELLINGHAM,
JOHN GLOVER,
JOSEPH WELD,
HUGH PRICHARD,
HUMFREY ATHERTON,
WILLI: ASPINWALL.
r* Day 7** M\ 7 September.
Samu : Gorton & his comp* had a safe conduct offered them, & were writ 547—
unto about div'se iniuries offered by them to us, (& the people und' our iuris-
diction, both English & Indians,) to come to o' Co't, & there make answere to
the pticulers, to w<* they returned no other but contemptuous & disdainful!
answers ; whereupon 3 comission's were resolued to bee sent to requir & see
satisfaction made w*** security, or to bring their psons, w*** reference to their
instructions. 12 writings were deliv'ed my bro : Tyng, w^** came fro" M'
Peters & M' WeUs.
Warrant was ordered to bee sent to Dover, to redresse their two mistakes
of sending a new deputy, & sending an impfect number of males from 16
year ould to 60 yeares.
M' John Winthrope, lunior, tooke the oath of Assistants.
M' Thom : Mayhewe is fined 2* ; M' Natha : Sparhauke is fined 2* ; Cap?
Sedgwick is fined 2" ; Josua Hubb'd fined 2* ; M' BeU«ha fined 2".
Edw* Starbuck is fined for S weeks absence, 40'.
The Cot thinketh not meete to write to y* eastward about M' Cleaves,
according to his desire.
It is ord'ed, that M' Stoughton, M' Hibbens, M' Treasurer, & M' Keayne,
or three of them, to bee a standing comitte to take the paps, & to ord' things
for the good of the country, accord* to their discretion.
Comission was granted M' Willi : Pinchon, geni, for this *yeare ensuing, [*33.]
& till, y* Cot take further order, that hearby hee shall have full power to
gov'lie, according to former order in 1641, onely to try causes by a iury of 6
men, if 12 cannot conveniently bee had.
It was ordered, that an admonition should bee sent to Dover for send* a
new deputy w***out leave or new sumons, & not alowing meanes to the form'^
deputy, wherby hee was hind'ed from comeing.
VOL. II. 6
42 THE RECORDS OF THE COLONY OF
16 4 3. It is ordered^ that for the yearly choosing of Assistants for the time to
^ ~ come, insteed of paps the freemen shall use Indian beanes, the white beanes
7 September.
KAQ ^ manifest election, the black for blanks.
John Saund's, for his mutinos & offencive speaches, was fined five pounds,
& enioyned to acknowledg his fault at Hampton.
It was ordered, M' Dunster should bee paid 16* by M' Stoughton, upon
account
1. It is ordered, first, that the regiment & comaund of the millitary afiaires
^^ bee so ordered that upon any suddaine exigent or assault upon any place, there
may bee a lawfull authority to make resistance ; for, as piety cannot bee main-
tained w***out church ordinances & offices, nor iustice w^out lawes & magis-
tracy, no more can o'^ safety & peace bee J^served w***out nullitary orders &
offices ; & though wee conceive the supreame power of comaund of the forces
bee in the Co't Gen'all, so that no war ought to bee undertaken w***out their
authority, yet because that great body cannot be ready in suddaine cases to act
by itselfe, wee conceive it necessary that there bee a councell, wherof the
Gov'no' to bee alway one, invested w"* power & authority, in all cases of dan-
ger & assault, to raise y* whole force of the coimtry, or any part therof, & to
draw them together to one or more places w***in this iurisdiction, or otherwise
to dispose of them in the best mann', for the necessary defence of the country.^
2'ly. That there bee chosen a sergent maior gen^all to leade & conduct
their forces levyed, & to execute all orders & directions of the councell.
3'ly. Because assaults may (& comonly are, sudden, not admiting of
any delay, wee conceive it likewise necessary that in every sheire there bee
appointed one leiftenant, who shall have power to cause the force of that sheire,
or any part therof, (in suddaine cases, where timely notice cannot bee given
to the Gov'^no' & councell,) who shall give order to the force levied to march
to any part of the sheire for the defence therof, or otherwise dispose of them,
till hee receive order fro™ the Gou'no' & councell ; & furth', that in eve^
sheire there bee one sergent maior, to comaund, leade, & conduct the forces of
that sheire, being called together ; who shall also have power in the absence
of the leiftenant to raise the force of that sheire.
4'ly. That the regiments or sheires bee divided into sev'all companies, and
where any towne hath not a convenient number of men, that they bee adioyned
to some other towne to make a full company, & that in ev^y such company
there bee a captaine, & other offices, & that the captaine have power to call his
company together, & to make any iust & necessary defence, & to dismiss
them, as hee seeth occasion, when there lb no other comaund to the contrary.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 48
6'ly. It is very convenient that once in every yeare the supior offic' 1 6 4 3«
should call the regiment togeth', that ev'y man may know his place, & that all ^ ~
the horse listed in that sheire shall appear at that meeting, & that the chiefe
offic' cause them there to bee exercised.
6'ly. That a beacon fired, & 4 muskets discharged, & a drum beaten
shalbee an alarum, at w*''* every man shall repaire to his colo'^s, or appointed
meeting place, to attend further order.
7. Secondly, the regiment being thus settled, wee conceive it further
necessary that the Gov'no', councell, leiften** of sheires, & sergent *maior do r*84.1
meete once every yeare to consult of the best meanes of o' safety, & to take
notice of all millitary aflFaires ; to see that all offic's do feithfiiUy discharge the
trust comitted to them, & to punish all disord's, & neglects in all offices ; to
take care that all places bee pvided w*** able offices, & where such are wanting,
to appoint one of other places, giving them recompence for their paines ; to
dispose of the magazeine in the most convenient place, & to consider of meanes
to furnish them ; to consider of fortifications, & the means to effect it, & to
suffer no publiq. fort to bee erected w***out their appbation.
8. Also, in every sheire or regiment the leif ?, serg* maior, & the cheife
officer of every company shall meete once or twice ev^'y yeare to consult of such
matters as tend to the safety of that sheire, & of meanes of pvide* amunition
& armes, & to appoint what sort of armes every man should beare, & what
forses shalbee inroaled, & to take care of the ordinance, publique armes, &
magazine of the sheire or town, to pvide one canoneer at the least, to consider of
the forts in the sheirs, & to take care of them, & not to suffer any fort (though
it bee not of publiq. concemm*) to bee erected, w***out their appbation, to
take notice of all disorders & neglects of souldiers or inferior offic" in
watchings, trainings, ^5, & to reforme & punish them, reserving power to
the captaines of ev'y company to execute all such orders of Co't as are or
shalbee betrusted to their care, & giving them power to warn any offender, or
psent any offence of a millitary nature to the councell or meeting. 9. And
wee conceive it needfull that the order of Co'^t, w^** binds ev'y man to furnish a
musquet, should not bee in force against such as are pvided to serve w*'* pike &
costlet, that so those places that are unfurnished of pikes may bee incuraged
to pvide them. 10. It would bee convenient, that all millitary dispatches &
order might bee issued after the usuall manner from the supior to the inferio'
officer.
Whereas Excetter is found to bee w***in o' patent, upon their petition they 549—
were received under o' gov'nm* ; and M' Willi : Paine, Mathewe Boyes, & into y- goTe^t.
44 THE REC0RD3 OF THE COLONY OP
7 September.
650-
16 4 3* John Saimd's are appointed to settle the bounds between Hampton & Excetter
w*^in two months.
It is ordered^ that no ship nor other vessell shall cast out any ballast in
Balloet. the chanell^ or other place inconvenient in any harbo* w***in this iurisdiction^
upon the penulty of 10*.
It is ordered^ that warrant shalbee granted to sell Sqa Sachem lH of pow-
der & 4ti: of shot^ at two seveitdl times^ halfe at one time & halfe at another./
Whereas by a former order it was appointed 10* should bee paid for ev'y
551— action at the entry of it^ it is now declai'ed, that the marshall should gather it
up, & execution to be granted him against any w^ neglect to pay it
Willi: Wembome, Bob't Smyth, & Thom: Wardall are to end small
businesses at Excetter.
Willi : Wenbome is chosen clai'ke of the writts at Excetter.
It is ordered, that till the next Gen'all Co't, & till the Co't take furthei*
552— onder, Excetter oSSSi. shalbee tryed at Ipswich.
The letter to the Dutch was voted to bee recorded.
It is ordered, that Enon shalbee called Wennam.
553— Wennam is granted to bee a towne, & hath liberty to send a deputy./
M' Finchen is ordered to pay for his beaver trade from the time of the
mning of the line.
M' Treasurer, M' Hathome, & M' Glover are appointed a comitte to take
the names of all the traders, & what they have paid, & to certify the Court
M' Fenwick desii'ed, that if hee did not pve, & make it appear to the
554— commission's at the next meeting, that his line, by an ancienter patent then
o's, & an authentick one, doth take in Wooronock, then o' line to stand, &
that trading house to bee subiect to o' ord'^s.
It was agreed, that wee should send 8 comission", w"* a guard of 40 able
555. men to attend them, w®^ have authority & order to bring Samu : Gorton & his
company, if they do not give them satisfaction.
The 3 comission's are Capf Geo : Cooke, Humfirey Atherton, & Edward
Johnson ; & Capl Cooke to comaund in cheife, & Hum : Atherton to bee his
leif? of the millitary force.
A letter was ordered to bee sent to Samu : Gorton & his comp^ by them
"w^ go before, to declare o' intent
They of Aquidnee are granted to buy a barrell of powder, pvided Leif-
ten* Morris give caution that it bee implied for the defence of the iland by the
adice of the Govern' & Deputy. ^
r*35.1 *^^ ^ ordered, that the deputies shall acquint the elders to desire in a
speciall manner to comend this undertaking to God.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 45
.It is ordered, that the widow Wilsons fine of 5* shalbee accepted in pipe 16 4 3.
staves, according to her petition. ~ ^ ~^
Whereas it appears to this Co't that the comission's appointed to lay out Kt^fL.
the bounds between Dover & Strawberry Banck did not consider the said strawbery
Strawberry Banck as a towne, nor so exactly veiwed the land on that side the
ryver as was needfuU, & thereupon layd out certeine lands to Dover w*** is
most convenient for Strawberry Banck, & c'teine lands to Strawberry Bank
w** is most convenient for Dover, so acknowledged to bee by one of the said
comission's in this ^sent Co't, it is therefore finally ordered, that all the marsh
& meadowe ground lying against the great bay on Strawberry Banck side shall
belong to the towne of Dover, togeth^ w*^ 400 a6 of upland ground adioyning
& lying neer to the said meadow, to bee layd out in such a forme as may be
jnost convenient for the impving & fencing in of the said meadowe, the
remainder of the said ground to belong to Strawberry Banck, reserving the
due right to ev'y one that hath pprietyes in the same. ^
M' Willi : Aspinwall is appointed clarke of the writts for Boston. M' A«pmwall,
Willi : Estowe is appointed in the roome of John Crosse to assist in ^^ ^
ending small causes at Hampton.
It is agreed, that the millitary comaunders shall take order that the
companies bee trained, & some man to bee appointed by them in each towne
to exercise them. This was ordered before 548 : 7 :.
It is ordered, that for the rates behind, what is paid in wheate shall passe
at 4^" the bushell, so that if losse come, the towns that are behind to bear it,
& to take it of the persons.
Strawberry Banck is granted M' Knowles his purchase, paying the 80*
to the Courts satisfaction.
Willi : Fomfret is appointed in Edw^ C.olcots place to assist in ending
small causes at Dover.
M' Glover, M' Russell, Ensigne Weld, & M' Edw* Tynge are appointed
a comitte about the child'n, to dispose of them, call for their beds, & to see
that satisfaction bee pcured & paid in.
The Co't gave Castle Hand & the house there to Capl Gibons, nnlesse it M. This is to
bee implied to publiq. use for fortification at any time hearafter. ^^^^ q^^
It was ord'ed, that Edward Bendall should fetch away the ordinance,
amunition, leade, & oth' utinsals fro™ Castle Hand, & deliv' what is granted
to Charlstowne & the rest to Boston, & bee paid by the surveyar.
It is ordered for the ^sent, that the charge of the souldiers to go w*"*
Cap? Cooke, ip, to Providence, should bee paid by M' Glover & the rest of •
the comitte about the children, & bee repaid againe when it cometh in.
46
THE RECORDS OF THE COLONY OF
16 43.
7 September.
Salem dis-
chardg. for 2
barrells pod'.
Jacob Sheafe.
N.
Poude' lent.
Neg.
[•86.]
Comittee in
the racancy of
this Court.
It is ordered, that Ipswich, Salem, & Newberry shall answere for the
powder or armes they have had.
M^ Bellinghams account haveing bene examined, & being subscribed by
2 of the comitte, hee is fully discharged, & his account alowed.
It is ordered, that the souldiers of Ipswich, Rowley, & Newberry, w**^
were sent to the Indians, should each man bee alowed one pound of powder.
The towne of Salem is discharged of two barrels of powder.
Jacob Sheath & Margaret Webbe are pmitted to ioyne in marriage,
though but twice published.
The 5*** day of the 8^ A is appointed a day of publiq. humiliation through
o' iurisdiction.
The former grant to Nantascot was againe voted & confirmed, & Hingham
men willed to forbear troubleing the Co't any more about Nantaskot
M' Parker is disingaged about the powder for Waymoth, & M' Tory is
charged therew***, hee acknowledging it to bee in his hand.
M'^ Tompson hath 3 barrels of his powder deliv'ed him back, & M' Fen-
wick had almost two barrels of powder.
M' Eob'^t Saltonstall is to answer for a barrell of powder.
Thom : Wendall, for abuseing a girle, was censured to bee whiped both
heare & at Ipswich, & order taken that his m' defray the charge, & to have
time in his servant for it
Geo : Church was sent to Ipswich to bee tryed there^ & order taken for
defraying his charge.
Three conclusions were deliv'ed in by M' Cotton, in the name of himselfe
& other eld's about the negative voyce.
*Gooddy Armitage is alowed to keepe the ordinary, but not to drawe
wine.
This Co't purposing to adiome till the 17*^ of the 8*** A, & not knowing
what may fall out the meane while w^ may require the authority of this Co't,
it is therefore ordered, that the magistrats of the Bay, or the greater part of
them, & the deputies of Boston, Charlstowne, Cambridge, Eoxberry, Dor-
chester, or the greater number of them, shall have power (as a comitte) to
take order (according to their best discretions) in all exigents & occasions w*^
before the next session of this Co't» may fall out, eith' conc'ning the expedition
now on foote ag* Sam : Gorton, & the rest of that comp*, or conc'ning any
advice firo™ the comission's of the United Colonies, about the Naviganset or
Mohegen sach* & their people, so as they are not to enter upon any warr w"*
the Indians (other then defencive) before this Co't bee againe assembled.
THE MASSACHUSETTS BAT IN NEW ENGLAND. 47
7 September.
It was voted, M' Winthrope, lunior, should bee paid his bill of 50* by 16 4 3.
M' Stoughton, or oth^s, except what is already paid.
It is ord'ed, that Stephen Day shalbee released, giving 100* band for his
appearance when hee is called for.
It was ordered, M' Stoughton & John Johnson the surveyar should have
warrant to deliver Capl Cooke, Leif ? Atherton, & Edward Johnson, or any
of them, what they desire, as needfull for themselues or their company.
The Co't is adioumed till the 11*^ day of the 8^ A at noone.
(8) 17. 17 October.
M' Israeli Stoughton tooke the oath of an Assistant
It was ordered, M' Stoughton should pay 20* to the souldiers of the
stock in his hand.
18. It was ord'ed, the watches should bee layd downe.^
It is declared by this Co't, that the surveyar of the armes, (who also 557—
executes the office of the clarke of the band,) whether hee bee chosen by the
freemen onely or by the whole millitary company, all such acts as have bene
or shalbee done by him according to law are & shalbee accounted good &
effectuall.
It is ordered, that a letter should bee written to Adam Goodwin, Thom :
One, & the rest of Evidence.
It is ordered, that onely the two sergents w®** use to attend the Gov^no', 558-
& no more, should attend at the Co't
M' Nelson is appointed insteed of M' Bellingham to see people ioyne in
marriage at Rowley.
There is granted to Haverell a pccU of meadow, about sixescoare acres. Meadow to
more or lesse, west of Haverell about sixe mile.
This Co't, taking into consideration the necessity of husbanding mens 559*
time in this country, & lessening the charges of the Gen'^all Co^t, have con-
ceived, that it would avoyde the losse of much time if the deputies were
chosen for one whole yeare, & that if in every sheire the ma*™*" & deputies
there inhabiting, or so many as can intend it, did meete at convenient times
before ev'y Gen'all Co't to consult of & Ppare such businesses as are to bee
determined at the same Co't, w^ would much shorten the time w®** is spent in
the Gen^all Co^'t, & consequently the charge also, this wee have ordered to
bee declared to the freemen of the severall townes, that if it shalbee thought
fit to put this in practice, an order may bee made at the next Co't for establish-
ing thereof ; & it is now ordered, that after the deputies for the next Co't of
Election shall bee chosen, such meeting, as aforesaid, may bee had in the
48 THE RECORDS OP THE COLONY OF
16 4 3. severall Bheires^ wherby the country may have some tryall of the firuite of that
' ~ w"** is now propounded.
frf*fx I^ ^ ordered, that if any freeman shall put in more then one paper or
I beane for the choyce of any officer, hee shall forfett 10* for every offence ; &
any man that is not free, puting in any vote, shall forfett the like some of 10*.
561— It is declared, that whereas in the Booke of Liberties, N. 23, it was
ordered none should take aboue 8* p c, bills of exc* are excepted,
662— Wheras, by a former order, m^n were ordered in debts to accept
wampam to the valewe of 10*, it is now ordered it shall passe but to the
value of ^
[*37.] *It is ordered, that Pumhom & Socononocho should have each of them lent
them a fouling peece, & Benedick Arnold hath liberty to supply them powder
& shot as hee seeth occasion.
It is ordered, that M' Symonds should have the Court booke for a fort-
night or thereabouts, to pfect his coppey thereof for their sheire & Co't
Colieeot ord». Rich'd Collecot, Edward Fuller, John Cauldwell, & Rich : Smyth are
appointed to fetch the cattle from Providence.
663- Whereas, at the Co^t houlden at Boston the 4*** 7**> A, 1639, there was
Topsfeild. certaine land lying neare Ipswich Ry ver granted for a village, eith' to some of
the inhabitants of Salem, or some of the inhabitants of Ipswich, who have
£u-mes near unto the said land, to bee enioyed by those who first setteled a
village there, they both ppounding for it togeth^; howsoev' the ord' men-
tioneth onely Salem inhabitants, & forasmuch as the said inhabitants of Ipswich
have for neare this two years pcured & maintained one to dispence the word
of God unto them, w*** they intend to continue, it is therefore ordered &
granted, that M' Jn** Endecott & the said inhabitants of Ipswich, viz., M'
Bradstreete, M' Symonds, M' Whittingham, M' Willi: Paine, M' Rob't
Paine, & such oth' of Ipswich or Salem as they shall associate to themselues,
shall have libty to settle a village near the said ryver of Ipswich, as it may
bee most convenient for them, to w** the foresaid land shall belong, viz., all
that w®^ lyeth near the said ryver, (not foriQly granted to any towne or pson,)
pvided that any of the inhabitants of Salem, who have farmes near unto the
said land now granted, shall have liberty for one yeare next comeing to ioyne w*^
the said village, & to have their equall & pportionable priviledge in the same :
And whereas M' Bradstreete hath liberty granted him to take his farme of
500 a5 in the next convenient place, that is fit for a farme, to that w*^ is
granted to M' John Endecott, w** may pve piudiciall to the said village, it is
therefore ordered, that the said M' Bradstreete shall have liberty to take his
said &rme of 600 ad in any other place not yet granted to any towne or pson.
17 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 49
nor piudiciall to any plantation made^ or to bee made, w*^*» when hee hath so 16 4 3.
done, & manifested the same to this Co't, his aforesaid grant shall fourthw*''
bee voyde, & the said land shall belong to the village before mentioned, to bee
disposed of by the inhabitants thereof, for the good of the whole.
And if Salem & Ipswich shall not agree before the next Co't about a pcell
of medowe now desired by Salem to bee to Wennam, then the Co't shall
determine it
Whereas it is found by expience that there hath bene much trouble & SG-i—
difference in severall townes about the manner of planting, sowing, & feeding
of comon cornc feilds, & that upon serious consideration wee finde no gen'all
order can pvide for the best impvemcnt of ev'y such comon fFeild, by reason
that some consists onely of plowing ground, some haveing a great part fit onely
for planting, some of meadotee & feeding groimd ; also, so tliat such an order
as may bee very wholesome & good for one fcild may bee exceeding piudiciall
& inconvenient for another, — it is therefore ordered, tliat where the comoners
cannot agree about the manner of impvement of their feild, eith' concerning
the kind of graine that shalbce sowen or set therein, or concerning the time or
manner of feeding the herbage thereof, that then such psons in the severall
townes that are deputed to order the prudenciall affaires thereof, shall order
the same, or in case where no such are, then the maior part of the freemen, who
are hearby enioyned w^^ what convenient speed *they may to determine any [*S8.]
such difference as may arise upon any information given them by the said
comoners ; & so much of any former order as concerns the impvement of
comon feilds, & that is hearby pvided for, is hearby repealed.
Whereas wee are directed, not onely by the practise of all civill nations,
but also by the rule of Christian & comon pollicy, to pvide for our owne
safety upon all occasions, —
This Co't, (in respect of these & other weighty reasons,) haveing duely
considered the conditions of this country, & accordingly (in that behalfe)
enacted & ordained that a sergent maior generall shalbee chosen to comaund
the whole army, as also a sergent maior in ev'y sheire or regiment, & to the
end that everj'^ place aforesaid may bee supplied & pvided of such psoni as
are & may bee best qualified, do therefore order, 1. That the sergent maior
generall shalbe chosen at the next Co't of Elections, this choyce to bee made
by the body of the freemen in such sort as they are (or shall bee by this Co't)
appointed to choose -the Governo*".
2. That every sheire (except Norfolke) shall choose a sergent maior to
coiiiaund, conduct, & leade the forces of that sheire, w*** choyce shalbee made
as aforesaid by the freemen of every sheire, (the order of the Gen'all Co^'t
VOL. II. 7
17 October.
50 THE RECORDS OF THE COLONY OP
1643. whereby M' Stoughton & M' Saltonstall were appointed to bee sergent maiors
of the south & east regiments being now repealed, (at their owne request,) and
that all whom it shall concemc (of ev'y sheire) may bee well advised & in-
formed in their choyce, it is further ordered, that the deputies of this jpsent
Co^t, upon the first 4*** day of the first month next ensuing, shall assemble in
this mann', vizj : The deputies of Suffolk at Boston ; the deputies of Middlesex
at Cambridge ; the deputies of Essex & Norfolk at Salem ; who (being thus
assembled) are desired, upon serious consid'ation among themselues, to retume
the names of such unto their severall townes, as they shall thinke may bee
most meete, for the places above mentioned, notw"*stand' w*** retume the free-
men of ev'y towne (meeting in their severall toi^Ties the 4*** day of the weeke
following, to elect their sergent maior gen'all) shall use their liberty therein,
w*^ election shalbee made by proxies, to bee received & sealed up by both or
either of their deputies, & brought by them unto their sheire townes aforesaid
upon the 4*** day of the weeke following ; that is to say, the votes of Suffolk
to Boston, before the Go^no'' & other magistrates there ; the votes of Middle-
sex to Cambridg, before M^ Nowell & M' Flint ; the votes of Essex & Nor-
fblke to Salem, before the Deputy Gov'no', who (togeth' w**' the deputies of
the sheire) Sihall open the said proxies, & such in ev'y sheire as have most
voyces (being thereby chosen sergent maiors) shalbee so declared to the coun-
try ; and it is ordered, that untill there shalbee leiften** chosen for ev'y of the
said sheires in such manner as is hear ex^sed, the sergent • maior of ev'y
sheir shall execute the office & power of such leiften^ in the meane time.
Boston hath 6 weeks liberty to repair their wayes betwixt Winnet semet
& the written tree.
M' John Wheelright is granted a safe conduct, if hee shall desire it, to
come to the next Co't
Luce Pease, the wife of ^ Pease, appering, & pfessing that shee doth
abhor & renounce Gortons opinions, & confessing her fault in bloting out
somethings in the booke w*^*' shee brought, & in shew* the same before shee
[*39.] had deliv'ed it, & pfess* shee was sorry *for it, shee was dismissed for the
^ent, to appear when shee shall bee called for.
Dedham hath 3 weeks further time granted them to settle their bounds ;
and then Roxberry men x x x x
And Eleazer Lusher, Josua Fisher, & M' Hugh Prichard are appointed,
insteed of Cap? Jeanison & M' Oliver, to lay out the land of Roxberry men ;
& Cap? Keayne should have his 400 a<3 there layd out by the same men, if
it bee there to bee had near Dedham & Watertowne.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 61
It is ordered, M' Edward Tomlins should have 22* to repair Mistick 16 4 3.
hridg, to make it strong & sufficient, for w*'** some of 22* hee hath under- '^''^^^
17 October.
^^^^ ^^ Mittick bridg.
John Johnson, the surveyar of the arms, was ordered to deliver two
sacars to M' Rob't Saltonstall, w*'*' M' Bellingha™ sould him, haveing brought
them over upon his owne account
M' Mayhewe was granted 3* for losse in 60 bushels of come.
M' Mayhewe is granted 300 ad of land in regard of his charge about the 566—
bridge by Watertowne mill, & the bridge to belong to the country.
A bill of 26. 2. 10** is alowed the Treasurer for charges of cattle & come,
& M' Biadstreets ioumey to Pascataq, ^6.
And 34sh' is granted Nicho : Busbey for making cloth before the order
for alowance was revoked, & the warrant was lost
The Charge of the Prisoners, Samu : Gorton & his Comp*. Gorton charge.
Upon much examination & serious consideration of yo' writings, w*^ yo'
answers about them, wee do charge yo^ to bee a blasphemos enemy of the true
religion of o' Lord Jesus Christ & his holy ordinances, & also of all civill
authority among the people of God, & perticulerly in this iurisdiction.
Josua Hubberd & Bozoon Allen being both absent, they were fined 20sh*.
The clause in the order N. 438 for the penulty of 100* for any departing lOO depting y«
Cort.
w*''out leave is declared onely to bee ment of the first session.
It was voted, that 6* 15sh" should bee alowed M' Ruck for the charge of
the comitte w*** met at Salem.
M' Stories petition is answered thus : Wee conceive that hee can blam
none but himselfe that his causes were not tryed the last Quarter Co't ; &
therefore hee must stay till the Co't come againe, unlesse in the mean time
Cap? Keayne & hee come to an agreem* betwixt themselues, w*** wee much
desire.
•Groodfii Shermans petition is answered thus : Wee conceive that if Cap?
Keayne bee 'wdlling, & accordingly shall pforme what was imdertaken for him
in the first session of this Co't, that then Sherman shall give him a discharge
for all differences & controversies concerning the sowe ; w*** if hee refuse to
do, hee shall bee debarred any further hearing forever ; but if Cap? Keayne
refuse, Goodfii Sherman may take the benefit of the lawe.
Wee thinke some quantity of land may bee granted the Wheelers of 667—
Concord, & the reste in that petition, pvided that within two years they make
some good improvement of it
52
THE RECORDS OF THE COLONY OF
[•40.]
Gorton.
M' Higgesons petition is thus answered : Wee can find no record about
the matter of this petition, but that the petition' might have liberty to print it,
& make his best of it, w^** is the answcre now to this petition ; if any pticuler
^ons disswaded him fro™ the printing of it, & thereby occasioned his losse,.
they, & not the Co't, ai*e to give him satisfaction.
M' John Allen, the pasto' of Dedham, is gmnted 200 ad of land, to bee
layd out by Eleazer Lusher & Edmond Rice.
The Govemo' was desired to write to the Indians, to request them to send
us the captives w"** they have taken of the English, M"* Hutchinsons & M'
Samfords children.
*M' Biscoe his petition is reinitted to 50sh', & that to bee taken.
John Stow'^s fine of 40^ upon M' Philips his petition is remitted.
John Procto' is exempt from training, paying to the company 20* for the
time past, & 5sh' p @ for the time to come.
It is ordered that Samu : Gorton shalbee confined to Chai'lstowne, there to
bee set on worke, & to wcare such boults or irons as may hind' his escape, &
to continue dureing the pleasure of the Co't ; pvided that if hee shall breake
his said confinem*, or shall in the mcane time, either by speach or writing,
publish, declare, or maintaine any of the blasphemes or abominable heresies
wherew^ hee hath bene charged by the Gen'all Co't, conteined in either of the
two books sent unto us by him or Bandle Holden, or shall repach or repve
the churches of o' Lord Jesus Christ in these United Colonies, or the civill
govemm*, or the publiq. ordinances of God therein, (unless it bee by answere
to some question ppounded to him, or conference w^** any elder, or w**' any
other licensed to speake w**" him privately, under the hand of one of tlie
Assistants,) that imediately upon accusation of any such writing or speach, hee
shall by such Assistant, to whom such accusation shalbee brought, bee coraitted
to prison, till the next Co't of Assistants, then & there to bee tryed by a iury,
whether hee hath so spoken or written, & upon his convixion thereof shalbee
condemned to death & executed. Dated the 3*** of the 9 A, 1643./
John Wicks, Randle Holden, Rob't Potter, Rich'd Carder, FranC Weston,
& John Warner are confined upon the same conditions.
John Wicks, to Ipswich,
Randle Holden, to Salem,
Robert Potter, to Rowley,
Rich'd Carder, to Roxberry,
Fran2 Weston, to Dorchest',
John Warner, to Boston.
All these are upon
the same conditions
that Samuell Gorton,
aboue named, is.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 08
Willi : Woddell is confined to Watertowne dureing the pleasure of the 16 4 3.
Co't, & if hee escape, to bee punished as this Court, or the Co't of Assistants, ^^"^ "^ ' ^'
shall thinkc meete.
The Treasurer was ordered to satisfy Cap? Cooke for the souldiers, for
Thom : Parris, the surgeon, 40sh'.
M' John Bulkeley 40sh% Sergent Samu : Greene 3*, Leifl Atherton &
Edward Johnson, five pound a peece.
Capl Cooke ten pounds, pt of the 20* in his owne hands.
It is ordered, that M' Bellingham should have 50* alowed him for the M' BclL, 50".
yeare hee was Govemo'.
It is ordered, that M' Winthrope, the ^ent Gov'no', should have 50* M'Wmtli.,50".
alowed him for the last yeare.
It is ordered, that Christopher Holmes shall pay 5*, & bee dismised.
It is ordered, that John More shall pay 5*, or bee put to servise till hee
have paid it
It is ordered, that Rich'd Harkot shalbee put to M' Batter for one yeare,
to have meate, drinke, & such wages as the Co't at Salem shall thinke meete ;
& hee is not to go out of Salem w^**out the leave of his m^
It is ordered, that warrant shalbee directed fourthw"* from this Co't, by Gorton,
the Secretary, to the cunstables of the severall townes to w*^ Samu : Gorton
& the rest of that company are confined, to this efiect, vizj : that w^'^in one
weeke after the deliv'y of such warrant they shall pvide a house & such things
as shalbee necessary for their lodging & support, & that they take course for
worke to bee pvided for them, for or toward their maintenance, & what they
cannot attaine by their worke is to bee supplied by the cunstables. for the
psent, & their •bill of charges, being signed by any two magistrates, shalbee [ *41. ]
alowed by the Treasurer, fro"^ time to time ; & if any of them will x do such
worke as they may, & as shalbee appointed them, they are to bee left to shift as
they may ; & the cunstables are to pform what is hearby enioyned them,
upon paine to bee fined for their neglect at any Co't where it shalbee ^^sented
or complained o£
It is ordered, that all such cattle of Samu : Gortons, John Greens, as have
bene seized, or shalbee seized, for the satisfaction of x charges as the coun-
try hath bene put unto by sending to x , fetching them in, & other charges
about the tryall in the Court, & expences in the prison, or otherwise, shalbee
appraised and sould to the most advantage, & disposed of accordingly ; & the
overplus to bee reserved by the Treasurer towards their maintenance.
Rich'd Waterman is dismissed for the ^sent, so that what is x en of
his is to go toward payment of the charge, & the rest of his estate is bound in
54
THE BEOORDS OF THE COLONT OF
Gorton.
Collecots al-
low.
Gorton.
an 100* that hee shall appear at the Generall Co't the 8'** A, & not to depart
w^'out licence, & to submit to the order of the Co^t
Nicholas Power, appearing, & deniing that hee set his hand to the first
booke, was dismissed w^** an admonition.
The magistrates & deputies of the near townes are appointed a comitte to
consider of the declaration, & to answer M' Maverick & Thorn : Marshalls
petitions, & to finish things in hand.
James Parr, haveing his house & things burnt, was granted four pounds
out of the treasury.
Thom : Marshalls petition is granted, & hee is ^ ^ ^ ^
For appraising the cattle brought from Providence, the prisoners have
liberty to name two, Eob^t Turner & the souldiers two, the Co^t one ; the
prison'^s refusing, the Co't, Rob't Turn', & the x ers chose M' Colebron,
John Johnson, & Willi : Parks.
M' Mavericks fine is abated to 20*, & for that Capf x bill is
accepted.
M' Collecot is alowed for his two ioumeys 3*, & for his horse x ; the
other three men 10* p weeke a peece.
The comitte was adiourned to the 16"* of the 9*** A.
If the souldiers did kill Stewkley Wasket a lamb, the Treasurer is to
alow for it
Willi : Scut his fine of 10* is remitted to 20sh', upon his petition.
Jenken Davies, upon his wifes petition, hath liberty granted to leave of
his roape dureing the Co'ts pleasure.
1643-4. ^A GeneraU Co% held at Boston, the 7^ of First M% 164S-1644.
7 March.
[•42.]
Pbesent, The.Gov'no',
The Deputy Gov',
M' Dudley, .
M' Bellingha,
M' Winthrope, lu :,
M' Bradstreete,
M' Hibbens,
M' Flint,
M' Symonds,
Incr : Nowell.
Deputies ^sent.
WilU : HQton,
Willi : Haward,
Samu : Dudley,
Edw* Winslowe,
John Lowell,
Hen: Short,
Mathewe Boyce,
Edward Carlton,
THE MASSACHUSETTS BAY IN NEW ENGLAND.
55
Dan : Denison^
John Tuttle,
Joseph Bachiler,
X o: Norton,
X a: Downing,
W" Hathome,
X Bo: Bridges,
Edw^ Tomlins,
Ho : Sedgwick,
X Sprage,
Geo: Cooke,
Sai^^i : Sheop'd,
Thomas Mayhewe,
X Mason,
X Lusher,
X Chickling,
X
X
X
X
X
WiUard,
Hayne,
Johnson,
Hawkins,
Tynge,
Joseph Weld,
X Johnson,
X Glover,
xatha: Duncan,
X Basse,
X r Backet,
X Tory,
X Hollist^
xho: Eames,
X a Hubb'd,
X e : Winthrope.
^643-4.
7 March.
WOSSAMEGKDN, Nashowanon,' Cutshamache, Mascanomet, & Squa
Sachim did volentarily submit themselves to us, as appeareth by their
covenant subscribed w^ their own hands, hear following, & oth' articles to w***
they consented. ^
Wee have & by these presents do voluntarily, & w^out any constraint or
pswasion, but of o' owne free motion, put o'selues, o' subiects, lands, & estates
under the government & iurisdictioh of the Massachusets, to bee governed &
ptected by them, according to their iust lawes & orders, so; fart as wee shalbee
made capable of understanding them ; & wee do jpmise.for o'selues, & all o'
subiects, & all o' posterity, to bee true & faithfuU to the said government, &
ayding to the maintenance thereof, to o' best ability, & fro" time to time
to give speedy notice of any conspiracy, attempt, or evill intension of any
which wee shall know or heareof against the same ; & wee do .|^mise to bee
willing fro™ time to time to bee instructed in the knowledg & worship of God.
In witnes whereof wee have hereunto put o' hands the 8*** of the first A, @
1643-1644.
CUTSHAMACHE,
NASHOWANON,
WOSSAMEGON,
MASKANOMETT,
SQUA SACHIM.
Certeine Questions ppounded to the Indians, and Answears.
F. To worship y* onely true God, w*** made heaven & earthy & not to
blaspheme him.
56&-
TUaieh.
5(( IH£ B£COKDS OF THE COLONY OF
164 3-4. An : We do desire to rev'ence y* God of y* English, & to speake well
of him, because wee see hee doth better to y® English than oth' gods do to
others.
2. Not to swear falcely. A»: They say they know not w* swering is
among y™.
3. Not to do any unnecessary worke on y* Saboth day, especially w^in
y« gates of Christian townes. An : It is easy to y™ ; they have not much to
do on any day, & they can well take their ease on y* day.
4. To bono' their parents & all their supio's.
An : It is their custome to do so, for the inferiors to bono' their supio's.
5. To kill no man w^^'out iust cause & iust authority.
An : This is good, & they desire to do so.
6. To comit no unclean lust, as fornication, adultery, incest, rape,
sodomy, buggery, or beastiality. An : Though sometime some of y™ do it,
yet they count that naught, & do not alow it
7. Not to steale. An : They say to y* as to y* 6^ quere.
To suffer their children to learn to reade Gods word, y* they may learn
to know God aright, & worship him in his owne way.
They say, as oportunity will serve, & English live among y", they desire
80 to do.
That they should not bee idle.
To these they consented, acknowledging y" to bee good.
Being received by us, they Rented 26 &Jthome of wampam, & jt^e Court
directed the Treasurer to give them five coats, two yards in a coate, of red
cloth, & a potfull of wine.
[*43.] *That for the meetings appointed by the last Court for election of sergent
maiors, & such sheirs as cannot by reason of this Court meete & accomplish
the same according to the intent of the former order, shall take a weeke or a
fortnight more, so as the service may bee duely pformed, & the dayes bee
appointed by the deputies of such sheires.
Castle l\*. It is ordered, that it shalbee lawfull for the inhabitants of the townes
w*^in the Bay, or any convenient number of them, to erect a fortification upon
the Castle Hand, such as the psent time & their abilities will give liberty and
oportunity unto, & to repair the batteries there, or any of them, & to main-
taine the same, & to keepe such garrison there, as the necessary defence of the
place shall require ; & that they shall have liberty to take back unto the said
iland such ordinance & amunition as was lately fetched from thence, or so
much thereof as they shall make use of, any former order to the contrary not-
withstanding.
.'< %
if.
I
I
THE MASSACHUSETTS BAY IN NEW ENGLAND. '67
Peter Bracket is slowed clarke of the writts at Braintree. 16 4 3-4.
Willi : Fiskc is appointed & alowed to keepe an ordinary at Wennam. ^ ^ ~"
In regard of the defect of freemen at Marblehead, it is ordered, that the
inhabitants of Salem shall have liberty to comend some honest & able man,
though hee be not a freeman, & the Deputy Govemo' shall have power (if
hee thinke him fit) to give liim the oath for cunstable of that place, to con-
tinue till this Co^t shall take further order.
When the townes in the Bay shall have repaired the two in Castle Hand, Cattle IL
& mounted the ordinance, & erected a fortification there of fifetye foote square
w***in, the wall ten foote thick at least, & height ppoitionable, w*** stone,
timber, & earth, & a sufficient garrison of twenty men at least pvided for the
defence of it, this Court will alow one hundred pounds p @ towards the
maintenance thereof, & this Court will also alowe, towards this worke, & the
secureing of the other passage by Byrd Hand, one hundred pound, to bee
paid when both the said works shalbee finished. And it is further ordered,
that notw^standing the charge to bee defrayed by the townes in the Bay, yet
the said fortifications to bee still accounted to belong to the country, & this
Co't, or the councell of warr, from time to time to have the comaund & dis-
posall thereof, as occasion shall require.
And it is further ordered, that there shalbee five barrells of powder, & a
suitable ppoition of shot, alowed to the Castle for the psent, w**' is not to bee
spent but for the defence of the place, & ordinary salutation of ships.
Nicholas Frost his sentence of banishment is taken of, hee being well NiiJPrMt
reported of.
It is ordered, that Samu : Gorton, & the rest of that company who now Gorton,
stand confined, shalbee set at liberty, pvided, that if they, or any of them,
shall, after fourteene dayes after such inlargment, come w***in any part of our
*iurisdiction, ether in the Massachusets, or in or neare Providence, or any of [*44.]
the lands of Pumhom or Sochonocho, or elsewhere w**»in o^ iurisdiction, then
such person or psons shalbee apphended wheresoever they may bee taken, &
shall sufifer death by course of lawe ; pvided, also, that dureing all their con-
tinuance in o"^ bounds, inhabiting for the said time of fourteen dayes, they
shalbee still bound to the rest of the articles of their former confinement, upon
the penulty therein ex^sscd.
Strawberry Bank is granted to have a barrell of powder, paying for it in
dry fish, as Dover is to do for the barrell granted formerly to Northam.
It is ordered, that it shalbee lawfuU for one smith of Boston to bee ap- induow.
pointed by the magistrates there to amend the guns of those sachims w*^*' have
submitted themselves to o' goverm*, & that hcc set a marke upon such peeces
voi^ II. 8
68
THE RECORDS OF THE COLONY OF
7 March.
Ab* Annitage
ft Oady.
164 3-4. of theirs as hee shall mend^ so as no other may bee amended, under colo'
thereof; & by this order is not intended the peeces of their men^ but onely
one for every of themselues ; & that it shalbee lawfull for the Govemo' for the
time being to licence any man to sell to the said sachims four pound of powder
for one yeare, & so fourth on, & shot answerable, pvided care bee taken they
have not more then is intended.
In the case of diflference between the late widow of Thom : Wilson, of
Excetter, & his eldest sonne, forasmuch as both parties are not ^ent, it is
referred to the Co't at Ipswich to heare & determine the cause.
In the case of William Davies, dying intestate, it is ordered, the eldest
sonne to have twenty marks, the other sonne, a yonger daughter by his former
wife, sixe pound a peece, the eldest daughter two poimd, & the widow to have
the rest for her selfe, & bringing up of the two yonger children, & at twenty
years of age, or at their marriage, to give them five pound a peece, & if any
losse come, to make the estate less then one hundred pounds, to abate each
pportionablely.
It is ordered, that it shalbee referred to M' Hathome, M' Downeing, & M'
Bishope, to here & determine the diflference between M' Otely & Goodfli Armitage,
& they have power to examine witnesses upon oath.
It was declared,, that the former comission to the gentlemen appointed to
keepe Co*"t at Pascataq. is of force still ; & those gentlemen were desired, & M'
Bellingham w*** them, that they, or some two of them, would repair thither,
w^ all convenient speede, to keepe Co't there ; & it is desired that M' Belling-
ham & M*^ Saltonstall would pforme it this time.
Forasmuch as, after long experience, wee find divers inconveniences in the
mann' of o*" pceeding in Co'ts by ma''*'* & deputies siting together, & account-
ing it wisdome to follow the laudable practice of other states who have layd
groimdworks for government & order in the issuing of busines of greatest &
-highest consequence, —
*It is therefore ordered, first, that the magistrates may sit & act busines
by themselues, by drawing up bills & orders w*'** they shall see good in their
wisdome, w®^ haveing agreed upon, they may f^sent them to the deputies to
bee considered of, how good & wholesome such orders are for the country, &
accordingly to give their assent or dissent, the deputies in like mann'^ siting a
pt by themselues, & consulting about such orders & lawes as they in their dis-
cretion & expience shall find meete for comon good, w**» agreed upon by them,
they may ^sent to the magistrats, who, according to their wisdome, haveing
seriously considered of them, may consent unto them or disalow them ; & when
667-
OeB Court de- T
uided to sit
aparte.
[•45.]
r\
I
I
THE MASSACHUSETTS BAY IN NEW ENGLAND. 6$
any orders have passed the appbatlon of both ma^"*** & deputies, then such 1-6 4 3-4.
orders to bee ingrossed, & in the last day of the Court to bee read deUberately, ' ^ ~
& full assent to bee given ; pvided, also, that all matt's of iudicature w*** this
Co't shall take cognisance of shalbee issued in like manner.
Upon heareing the diflference of a considerable pt of the train band in
Hampton, & their now Leif? Willi : Haward, the Co't not finding any iust
cause to remove him out of that office, yet upon his desire, & o' care for recon-
ciling brethren, & for the furtherance of the service intended, this Co^ doth
order that Cap? Denison shall have liberty & power to exercise the said com-
pany when hee shalbee desired, yet so as Lcif I Haward shall not bee excluded ;
& wee do requir & shall expect that the company will chearfuUy attend that
service, under the comaund of thfem both, in such manner as they both shall
see cause to order it
M' Robert Saltonstalls petition against Watertowne is referred to comis-
sion's, M' Secretary, M' Hibbens, & M' Samu : Sheopard, to hear & determine
it, if they, or any two of them, can agree, otherwise to certify, ^6, to the next
Gen'all Co't, & they may examine witnesses upon oath.
Upon Bray Wilkins petition, it is ordered, that the five pound due fro"
him for his boy should remaine in his hands till, upon the death or recovery
of the boy, this Co^t should take further order.
Thorn : Dexters petition is answered, there is two months given him to
pve his debt from the country.
Whereas the order for the recording of deaths, births, & marriages is very 568—
usefidl & necessary, & yet it hath bene in many places much neglected, it is or- Birthes, imri-
allSf marriag68.
dered, that all parents, masters of servants, execute's, & administrators respective-
ly, shall stand charged to bring into the clarks of the writs the names of such,
belonging to them, or any of them, as shall either bee borne or dye, & that the
newe married man shall stand likewise bound to bring in a certificate of his
marriage, under the hand of that ma*~** w**' married him, to the clarke of the
writts, who shall, under the penulty of twenty shillings, bring a certificate
under his hand, w* a penny a name, asweU for the recording of marriages as
the rest ; & for each neglect the pson to whom it doth belong shall forfeit as
followeth, viz^ If any pson shall neglect to bring in a note, or certificate,
as aforesaid, together w*** three pence a name, to the said clarke of the writs,
to be ^recorded above one month after such birth, death, or marriage, hee shall [*46.]
then pay sixepence to the said clarke ; if hee neglect two months, twelue
pence ; if three months, five shillings ; w^ forfeits shalbee returned into the
treasury ; also, wee thinke it were meete the grandiuries were minded to
psent such defaulters as they take notice of against the intent of this order.
TMareh.
569-
THE RECORDS OP THE COLONY OF
The petition of M' Valentine , HiU, Capl KoVt Sedgwick, M' Willi:
Tinge, Treasurer, M' Franc Norton, M' Thorn : Clarke, Josua Hewes, &
Willi : Aspinwall is granted them.
Monop. of First, they are established a free company of adventurers, w*** liberty to
Indian trade, ^dmit & take in any v?^^ they thinke meete for the advancment of the
worke, & any that will may come in w*Mn this month ; but none after, except
they appve of them ; they are granted power to make such wholsome orders
for the well managing of their trade as is granted to such companies in other
parts : 2^^, That whatsoever trade they shall discover in those parts w"*in three
yeares next ensuing, (if the Lord so blesse their endeavors,) they may enioy it
solely to themselues & the rest of their company for twenty & one yeares
aft^r such discovery is made, w*^ full power & authority from this Court to
inhibite & restraine any other pson or psons whatsoever, during the tearme
aforesaid, that shall attempt any trade (by them discov'ed) w'^^out the warrant
of the aforesaiji company ; or if they have or shall intermeddle, as aforesaid,
that then it may bee lawfull for the company in a legall way to seize upon such
goods so traded : & lastly, they are granted the Co'ts letters, under the publiq,
seale, unto the Dutch or Swedes, or any other they may necessarily have to do
w**^ in the psecution of this discovery or trade, for the furth' countenancing of
their pceedings.
H' Dudley. Upon the petition of Thom : Dudley, Es^^: Whereas, by a deed bearing
date the 29*** of May, 1639, the halfe mill of Watertown was mortgaged unto
Mathewe Cradock, w^** the petitioner hath redeemed, it is therefore ordered,
that the deede of mortgage bee delivered unto the said M^ Dudley, & this
Cot doth confirme the estate, right, & title of the said halfe mill unto him,
the said Thom : Dudley, & his heires, against the heires & assignes of him,
the said Mathew Cradock, according to the covenant in the deede aforesaid.
670- It is ordered, that the lands & estates of all men, where ever they dwell,
are lyable to bee rated for all towne charges where the lands & estates lye,
their psons to bee rated to church & comon welth in the places where they
dwell ; but in case they remove out of o^ iurisdiction, then their estates to
bee rated to all charges.
Marblehead hath leave granted to fortify it selfe, by a brq^t worke or
otherwise, & two guns to bee delivered imto them, w^ convenient ainunition
suitable there to.
The motion for a coppey of the patent & comission according to the
tenure, ^6, is granted to Newehaven.
[*47.] Dover petition, ^6. The gentlemen who are desired to keepe *the court at
^
THE MASSACHUSETTS BAY IN NEW ENGLAND. 61
Fascata^ are desired to veiw & examine the complaint, & to certify the 1643-4.
next Co^ ^"^
TMurch.
It is ordered, that Benedick Arnold may sell some powder & shot • to
Pumhom & Sochonocho, pvided that hee let them not have above thi'ce pound
I a peece through the whole year ; & it shalbee lawfull for the said Benedict to
imploy that Indian w®** hee keepeth as his servant to shoote in a peece for the
j use of him, the said Benedict, so long as hee shall continue in his family.
: . DanicU Fairfeild is alowed to go to work w^^in any part of Boston lymits,
i both in the ilands & elsewhere, & also at Roxberry, so as hee go not above
i five miles from Boston meeting house.
The gen'all covenant for matfs of religion & civill liberties was taken
into consideration, & ordered that lett" should bee written to the other United
Colonies to advise w*** them about it, & the eld" also to bee advised w*** about
it against the next Couit.
For the Castle Hand, it is ordered, that those townes in the Bay who are Cast II.
I to carry on the worke there shall have power to appoint a coinander there till
the next Co% & hee to observe the comission so farr as the defenciblenes of the
I place will give leave & oportunit}'.
I It is ordered, that the Govemo^, M' Dudley, & M' Ilibbens, these, or any
I two of them, shalbe a coinitte to consider of the body of liberties against the
next Gen'all Court, what is fit to bee repealed or alowed, & ^sent the same to
the next Co't
Also, the magistrates residing at Ipswich, or any two of them, are
appointed a comitte for the same purpose, that so the Co't confering both
together, may more easily determine what to settle about the same.
It is ordered, that Richard Bellingham, E&^, should finish that w*"* was
formerly comitted to him, about the perusing the booke of laws, ^5, & to
^ent the same to the next Co't
The answers to the ^positions for the iron works were granted, w** 671—
follow : — Monop. of Iron
works.
To the first article, the undertakers are granted the sole priviledge in o'
iurisdiction for twenty & one yeares, and any to have liberty to ioyne till the
end of the first month, puting in one hundred pound under one head, &
pvided that after two yeares they make sufficient for the Qountrys use.
To the second ^position, concerning mens ppriety, it is w***in the Co^
power ; but they will ppound to the freemen & others, & they doubt not of
^j^,^^ their consent ; & for wast lands not granted formerly, they consent
To the 3^ px)osition, in wasts is granted what is desired ; but to inhab-
ited land it is answered as before.
82 THE RECORDS OF THE COLONY OF
164 3^. The 4^ is answered as the former.
"""""y^^ To the 5*** ^position it is answered, in pprieties, as before, in wasts it is
7 March.
granted, pvided they take not above six places, & do w***in ten years set up an
iron furnace forge in each of the places, & not a blomery onely, pvided the
r*48.1 Co't may grant a plantation in any place where *the Co't thinketh meete, w***
may not hinder their ^sent pceeding.
To the 6*** pposition, they are granted liberty to transport what the inhab-
itants neede not
. ^ The 7**^ & 8'*^ are granted onely liberty till the next Co't
To the 10% that the undertakers & their agents, associats, & servants
shall for ten years bee free fro™ publi^ charges & taxations, for any stock they
imply in this adventure ; for priviledges, to have such as the lawes of the
/ country doth alow ; reserving liberty to consider of the lands till the next
Co% if the works bee deserted.
Sergent maiors to bee chosen at psent for one yeare onely.
It. is ordered, that the next Co't at Ipswich shall examine the late mutiny
there, & determine it, except they see cause to referr it to this Co't, or the
Co't of Assistants, & that they shall also have power to moderate the fines for
defaulters in matter of armes & not appearing at trainings for the time past, as
they shall see cause.
Shawihin gr«d Shawshin is granted to Cambridg, w^out any condition of makeing a vil*
*" "*^' lage there ; & the land between them & Concord is granted them, all save
what is fortOly granted to the millitary company or others, pvided the church
& ]^ent elders continue at Cambridge.
It was voted, that the 30^ behind, due, for smaller & Quart' Co'ts, to
Goo : Rob't Turner, the marshall should get up what hee can, & y® publi^ to
defray the rest
Mather. M' Madder to bee desired to ^pare himselfe to pach to y* assembly at
^ Jllifhd^ti^n r next Co't of Election.
•*"^"- Anthony Em'y, of Dover, his petition is refered to y^ next Co't at Dover,
& hee is alowed liberty to draw out his wine in the meane time.
M' Downing his petition is granted, as y* comitte have certified,
M' Treasurer, M' Glover, M' Johnson, & Eleazer Lusher are appointed
comission's, or any three of them, to veiwe the place, ^6, & to certify at the
next Co't
Sachrlent It Was ordered, that the Treasurer should attend the spedy discharge of
M' Rainsborow his debt, w*^ the alowance of twenty pound forbearance for
the time past, & the loane of two sachars for 2 great' peeces for one voyage.
THE MASSACHUSBTTS BAY IN NEW ENGLAND. 68
The debt of John Wood of twenty pounds is respited for two yesures, in 1643-4.
r^ard of his great losse. ~ ^ ^
7 Martha
John Coggeswell is granted to pay 16* l^sh* 6* the 8^^ A next, & 16.
12. 6* the 8'^ A, 1645, upon his petition.
A Coppey of the Comission for the Capl of the Castle.
Whereas yo**, A B, are by this Co't chosen & appointed comaund'' in 572-
cheife of the Castle Iland, & the sev'all works belonging thereunto, togeth' C*P*C"*^-'^
w^^ the souldiars as shall from time to time be residing thereupon, w**^ thif
Co^'t doth comit to yo' trust & govemm^ authorishing you hereby to take into
yo' charge & safe keeping the said iland. Castle, & batteries, w^ now are or
hereafter shalbe made upon the said iland, togeth' w^^ all the ordinance &
other amunition w*^** shall fro™ time to time be deliv'ed unto yo°, so as yo*
may be able to render a iust account therof whensoev' this Co't shall require
the same.
2. When the gaid Castle, {6, shalbe finished, & once a garrison oLtwenty
men or more comitted to yo™, yo™ are hereby required to take care that there
be never fewer then twenty men remaining upon the said iland for the defence
of the said Castle, from the first of the first month *till the end of the 8th A, [*49.]
& never lesse then ten for the other part of the year ; also, yo" are from time
to time, night & day, to keepe a due watch proportionable to the number of
yo' present garrison.
3. Yo° are, in time of apparent danger or iust suspition, to cause to come
to an anchor any ship or ships, that, coming w^^in shot of the said Castle, shall
neglect or refuse to send ashore her boate, w*** her coquet, or charter party, &
to satisfy that shee is a freind, w** yo" are to do after this mann' : first, by
making one shot Ihwart her fore foote ; 2^^, if yet shee neglect, by shooting
right over her ; & lastly, by indeavo'ing to shoote through her, continuing
so to do till yo" have brought her under comaund ; w*** being done, yo* shall
requir & take of her ten shillings for the first shot, twenty shillings for the 2**,
& five pound for the 3^ ; & if shee have made any shot at the Castle, or forced
yo" to make more at her, then yo'* are to keepe her under comaund, & cause
her to bring her sayles a shore till yo" have further direction what to do from
such as shall have power to determine such cases.
And for pinnaces or boates, yo" shall suffer none to passe the said Castle
in the night w***out giving due satis&ction that they are freinds, & in the day
time, if the number of them, or men in them, give ground of suspition, yo*
may hale them, & bring them under comaund.
4. Yo" shall not suffer any ship, or other vessell of twenty tuns or
64 THE RECORDS OF THE COLONY OF
1643-4. upwards, y* great' number of y* owners not being inhabitants w*in this iurisdic-
"'"^ ^ ~ ' tion, as also all such vessels as are o' confederates, to passe by the said Castle
7 Marcli.
outward bound, except hee have payd unto y* officer appointed to take 6* a
tun for anchorage, & shewe yo** a discharge for her clearing und' the hand of
the Governor or Deputy GovW, (for the time being,) but use y^ best meanes
yo'" can to stop her, or sink her if shee refuse so to do.
5. Upon the sight of a ship, yo^ shall fourthw*'^ hang out a flag, & upon
sight, or certeine intelligence, of two or more unknowne ships, or many pin-
naces, being upon the coast, yo™ are forthw*** to give warning therof by shoot-
ing of a peece of ordinance, & giveing a furth' signall by hanging out so many
flags in the day time, or making so many fires in the night, as there are ships,
accounting three pinnaces to one ship ; & if there be more then four ships, or
pinnaces pportionable, yo° shall hang out a great flag in the day & fire the
beacon in the night.
6. In case yo^ bee assaulted by an enemy, yo" shall use yo' best skill, &
do yo' utmost endevo% by the help yo" have & such succo's as shall be fur-
ther sent unto yo", to defend the said Castle, & destroy yo' enemies, & shall
not render up the said Castle to any enemy till by force yo" be absolutely com-
pelled thereunto, & then to do it upon the hono^'ablest tearmes for this comon
wealth w*'*^ may possibly bee attained.
7. Yo'" have hereby power granted to imprison or put in boults any of
yo* said garrison that shall neglect or refuse to obey yo' lawfull comaunds, or
to inflict some lesser punishm* suitable to his or their offence, pvided that yo"
shall not imprison any offender above 24 houres w***out releasing him, or
bringing him to a further tryall, unlesse the season of the weather or some
oth' impedim* doth necessarily ^vent, in w*'** case the next oportunity is to be
taken.
8. For salutations of ships, ^5, yo'* shall observe this order : For 3 peeces
'fro" a ship to 7, yo'* shall answer w*** one, & for 7 or more w*^ 3, & not above ;
& for otlf salutations & expence of powder, yo'* shall be as sparing as may well
stand w**^ the bono' of yo' selfe & country.
9. Untill the aforesaid Castle & works be finished, or made defencible,
yo" shall onely be bound to follow this comission & instructions so farr as con-
veniently yo'* may, & as may most tend to the comon safety.
10. Yo" shall peaceably deliv' up the said Castle ordinances & other amu-
[♦50.1 nition, together w**^ this comission, to such as by authority of this Court *shall
require the same, & to no other pson except forced, as is afore limittcd.
All pcnulties to be received by vertue of tliis comission yo™ shall reserve
to be implied to the use of the said fortifications & garrison by the advice of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 65
such as shall have the oversight thereof: notw^^standing the form' article of 1643^4.
keeping so many men alwayes upon the said iland, yet when yo'* see y* coast ^ ~
7 March.
to bee clear of any danger^ yo" may have liberty to man out yo' boate for the
necessary occasion of the iland^ so as they stay away no longer then the
necessary occasions shall require, except hindered by tempest
Yo" are not to deliver up any of the men of yo' garrison, but onely upon
warrant jfrom the Co% or the Co't of Assistants, or the Govemo', or, in his
absence, the Deputy & two Assistants, so that the townes, before such be sent
for, send oth's in their roome.
This comission to bee of force till the end of the next Gen'all Cot, & no
longer, except confirmed by this Co't
John Saund's his fine is abated to forty shillings, wherof 8sh' to the wit-
nesses, so as hee send it in by the next Gen'all Co't
The comission above, w*** the alterations, was confirmed the 5*** A, 1645,
to Capl Eich : Davenport
Lastly, for further direction & explanation of his comission, hee is refered
to y* answ's to his 17 questions ppounded to y* Co't
Held at Boston, 5**^ A, 1645. See after, nomb 589.
To Bich'd Davenport, Capl of the Fort of the Massachusets, at Castle Hand.
Yo* are hereby authorished, & full power is given to yo" at any time, to Inttnictioiif.
require of John Johnson, survey' gen'all of y* countryes armes & amunition,
all such armes & amunition as is alowed to yo^ & y* garrison und' yo' comaund,
vizj : for every souldier one sufficient musket, sword, rest, & p' of bandilers, w^
2 fathome of match for each musket ; & for store for yo' garrison one barrell
of powd', 200 weight of musket shott, 60 fathome of match ; besides for ev^
4 peeces of ordinance now in yo' custody, or shall hereafter by ord' of this
Co't be sent to yo^, one barrell of powder, 20 great shot, & lOti: of match. A
coppye of this order, by yo^ signed, shalbe a suffitient discharge to y* said John
Johnson for his deliv^^of any such ^mises to yo°, yo° takeing care thereof, &
giveing account therfore, according to the Cot order.
4^
^The 29^ of the 5^ M% @ 1644. At a QefiTaU Oft of Election at 16 4 4.
Boston. * ^ '
29Mm7.
P'SENX, Tlj^ Gov'no', M' Bellingham, C*^!-]
The Deputy Go :, M' Saltonstall,
M' Dudly, M' Winthrope, lu :,
VOL. II. 9
6G
THE RECORDS OF THE COLONY OF
1644.
29Mm7.
M' Bradstreete,
Incr : Nowell,
M' Flint,
Deputies ^ent.
M' WiUi : Hathorne,
M' Ema : Downing,
Maior Ro : Sedgwick,
Leif : Ra: Sprage,
M' Jn® Glover,
Leif : Natha : Duncan,
M' W» Tyng, Treas :,
Ca : Thorn : Hawkins,
M' Hugh Prichard,
WiUi : Parks,
M' The : Mayhewe,
Leif: Hugh Mason,
Ca : Ro : Bridges,
M' Edw^ Tomlins,
Ca : Geo : Cooke,
M' Na : Sparhauke,
M' W« Hubberd,
Joseph Meadcalfe,
Edw* Rawson,
W» Tory,
M' Hibbens,
M' Symonds ;
Lei : W" Perkins,
Bozoon Allen,
John Porter,
Thorn: Brooke,
Franc Chick'ing,
W«» Haward,
W°^ Estowe,
M' Rich : Dumer,
M' Sam : Dudley,
M' Edw<» Carlton,
Mathewe Boyse,
Ste : Elingsly,
Thorn: Mekins,
Willi : Ward,
WiUi : Hilton,
M' Ste': Winthrope,
M' WiUi : Stevens,
Leif: Edw^ Johnson,
Joseph Bachiler.
JOHN ENDECOT, Es$>, was chosen Gov'nC, & tooke his oath to y* place.
John Winthrope, Es^, was chosen Deputy Gov% & tooke his oatL
Thorn : Dudly, Es^, was chosen an Assistant, & tooke his oatL
Rich'd Bellingham, Es^, was chosen an Assistant, & tooke his oath.
Rich'd Saltonstall, Es^, was chosen an Assistant, & tooke his oath.
M' John Winthrope, luni., was chosen an Assistant, & tooke his bath.
M' Symon Bradstreete was chosen an Assistant, & tooke his oath.
Licrease NoweU was chosen an Assistant, & tooke his path.
M' IsraeU Stoughton was chosen an Assistant.
M' Thorn : Flint was chosen an Assistant, & tooke his oath to y* place.
M' Willi : Hibbens was chosen an Assistant, & tooke his oatlu
M' SamueU Symonds was chosen an Assistant, & tooke his oath.
M' Willi : Pinchen was chosen an Assistant
Thomas Dudly, Es^, was chosen Sergeant Maior Gen'alL
Licrease NoweU was chosen Secretary for this yeare.
M' Willi : Tyng was chosen Treasurer for this yeare.
It is ord'ed that M' David Yale, agent to M' Foxcroft, shaU bring into
THE 'vMASSACHUSETTS BAY .IN NEW ENGLAND. 67
29 Hay.
this. Cot a .true inventory of what estate he hath in his hands (or that he 16 4 4.
knows to be in y* hands of any other in this colony- of the said M' Foxcrofts)
w*4n six dayes ensuing, in case y® said Yale refuse to give M' Seawall satis-
faction & content for a debt upon w^^ he hath an execution granted him against
the goods & chattells of the said M' Foxcroft
M' John Gore is granted leave to set his serv*, Thorn: Reeves, free. 578—
Upon the petition of Edw** JSrowne, survey' of the armes at Ipswich, —
It is ordered, that all inhabitants, as well seamen as oth's, are to have
armes in their houses alwayes ready fixt for service.
In consideration of the great default & neglect of the inhabitants of
Marble Head, in not exercising themselues in martiall discipline, —
It is ordered, that the inhabitants of Marble Head shall make choyce of
some one of ihem, who shall ex'cise the rest, that they may not be to seeke
when special! occations call for their assistance.
It is ord'ed, that M' Wheelright (upon a pticuler, solemne, & serious
acknowledgm* & confession by letters of his evill carriages, & of y* Cots
iustice upon him for them) hath his banishm^ taken of, & is received in as a
member of the coinon wealth.
It is ord'ed, that the Deputy Gov', M' Winthrope, (o' late Gov'no',) should
be alowed one hund'ed pounds for his last years service.
It is ord'ed, (at the request of the towne of Glocester,) that George
Norton (as their eldest sergent) shall ex'cise their millitary company.
It is ordered, (at the request of the freefli of Glocester,) that Thomas
Smyth (in the roome of M' Stevens) shalbe one of the three men of the towne
to end small controversies.
It is ord'ed, that it shall & may be lawfull for the deputies of the Co't to
advise w*** their eld's & freemen, & take into serious consideration wheth' Grod
do not expect that all the inhabitants of this plantation alowe to their ma*"*", &
all other y* are called to country service, a pportionable alowance, answerable
to their places & implim^, & sll other that are called to country service, & (if
so) upon what grounds, & that they send in their determinations & conclu-
sions the next Gren'all Co't
M' Bellingham, M' Saltonstall, & M' S}rmonds are appointed a comitte,
& have full power to heare & determine all businesses at Hampton, both about
their differences, offences, & a new plantation, according to their sev'all petitions..
M' Blackleach his petition about the Mores was consented to, to be
comitted to the eld's, to enforme us of the mind of God herein, & then> fur-
ther to consider it
^Whereas it appeares to this Co't that some of the inhabitants of Excet- [*52-]
68 THE RECORDS OF THE COLONY OP
ter do intend shortly to gather a churchy & call M*^ Bachiler to be their min-
ister, & forasmuch as the divisions & contentions w^^ are amonge the inhabit-
ants there are iudged by this Co't to bee such as for the ]Psent they cannot
comfortably & w^ appbation pceed in so weighty & sacred affidres, it is there-
fore ordered, that direction shalbe fourthw^ sent to the said inhabitants to
deferr the gathering of any church, or other such pceedingpi untill this Co't or
the Co''t at Ipswich (upon further satisfaction of their reconciliation & fitnes)
shall give alowance thereunto.
The gO«> of the.8"> A, 1640.
It is agreed by us whose names are hereunderwritten, that the line
betwixt the capf medowe & the comer bound at the marked tree shalbee di-
vided into three parts, wherof the capf is to have one third & three pole, as
also at the other side of the plaine fro™ the head line to the medows shalbe
so divided, & &o™ thence upon a straight line one mile, the Tillage bounds
upon Charlstowne head line.
ROB"T SEDGWICK,
ABRAHAM PALMER,
EDWD CONVERSE,
RICH»D SADLER,
RICH»D WALKER,
THOM: MARSHALL.
BjyeoBooiB' Whereas, in Gen'all Co't, 2 (4) 41, upon the tend*^ & request of eer-
yelded to teine men now inhabitants of Seacunck, it is ord'ed as foUoweth, viz* : that
^*^*'°^**^ Seacunck, neer New Providence, shalbe accepted under o'^ government, if it
fidl not in Flimoth patent ; & wheras wee und'stand that now they addres
themselues to Flimoth iurisdiction, by reason of their claime (although noth-
ing have appeared to pve their right by patent, w*'** wee were so tender of) &
an apphended neglect of the place by us, —
It is now ordered, & hereby declared, that this Co't doth esteem & repute
Seacunck plantation in this iurisdiction, & that the inhabitants thereof are
subiects to this goverm* ; pvided, if o' freinds at Flimoth or the inhabitants
of Seacunck shall doubt of the equity hereof, we shalbe content to refer the
resolution of the question to the comission's for the United' Colonies.
It is ordered, that M' Downing, M' Hathorne, & Capl Bridges shalbe
associats for Salem Co't, & M' Dumer & M' Hubberd shalbe associats for
Ipswich Co't.
It is ordered, that the comission for the comaunders of the Castle shall
stand in force till the next session of this Co't.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 69
The Forme of the Comission to be granted to the Comission's for the United 16 4 4*
Colonies. ~ ^ ~
29 May.
At a Gen'all Co^t, houlden at Boston^ for y* iurisdiction of the Massachu- Forme of coffi
sets, the 29^ of the 3"» A, 1644, M' Symon Bradstreete & M' William Hath- uni» Cotoa
ome were chosen comission^'s for this colony, for a full & compleate year, as
any occasions or exigents may require, & pticulerly for the next meeting at
Hartford the first 5**^ day of the 7^** A, & were invested w**» full power &
authority to treat of & conclude of all things, according to the true teno' &
meaning of the articles of confed'ation of the United Colonies of New Eng-
land, concluded at Boston the 19^^ of the 3^ ih, 1643 ; & in case either of
them bee hindered in this busines, either by sicknes or any other (the like)
pyidence, that then M'^ Saltonstall may supply M' Bradstreets place, & M'
Tyngc, Treasurer, may supply M' Hathomes place.
It is ordered, that for the better building of shiping w**»in this iurisdic-
tion, & for the avoyding of many inconveniences w*** now both owners &
build's are subiect unto, there be a company of that trade, according to the
mann' of other *place8, w*** power to regulate building of ships, & to make [*53.]
such orders & lawes amongst themselues as may conduce to the publike good,
if any shall appear the next Cot, & Jpsent lawes for consid'ation.
[For those made free 29 May, 1644, see the list at the end oi this Tolume.]
Whereas 4he civill warrs & dissentions in o' native country, through 575—
the seditious words &, carriages of many evill affected psons, cause divisions
in many places of goVUfiint in America, some pfessing themselues for the
king, & oth's for the Parliament, not consid'ing that the Parliament them-
selues pfesse that they stand for the king & Parliament against the malignant
Papists & delinquents in that kingdome, it is therefore ordered, that what pson
soever shall, by word, writing, or action, endeavo^ to disturbe o' peace, directly
or indirectly, by drawing a party, imder ptence that he is for the King of
England, & such as adioyne w^ him, against the Parliament, shalbe accounted
as an offender of an high nature against this comon wealth, & to be pceeded
w^ either capitally or otherwise, according to the quality & degree of his
offence ; pvided alwayes, that this shall not be extended against any marchant,
Strang's, & shipmen that come hither meerly for matter of trade and mar-
chandize, albeit they should come from any of those pts that are in the hands
of the king, & such as adhere to them against the Parliam*, carriing them-
selues here quietly, & free from raising or nurishing any &ction, mutiny, or
sedition amongst us, as aforesaid.
70 THE RECORDS OF THE COLONY OF
29Ma]r.
1644. It is ordered, that the councell shall direct their warrants (for payments
for the country) onely to the Treasurer for the time being, & that the Treas-
urer onely make or appoint the payment thereof.
It is ordered, that the Treasurer for the time being shall make enquiry
of whatever estate doth belong to the country, & to require the same of such
pson or psons as he shall find possest therew***, or any part thereof, & to make
those who are possest of any of the countryes cattle, debtors for them, accord-
ing to the tearmes they claime them of at ^sent, or otherwise to dispose of
them, w*** the counsell or advice of M' Glover & M' Prichet, or one of them,
as in their iudgments they thinke best for the countryes advantage, that at all
times on his account we may the better find how it stands w*^ all the country
estate, & that he may the better satisfy what we are indebted.
It is ordered, that Thomas Dexter shalbe forborne sixe or eight pound
till the next session of this Co't, pvided that this may not damnify the coun-
try (by what may fall out upon the estate of the petition' in the meane time)
of any due debt from the said petitioner.
It is ordered, that the towne of Roxberry shall have twenty sacre shot
deliv'ed them by the surveyor of the armes, for their 2 great guns, of w**^ M'
Prichet tooke charge.
It is ordered, that the towne of Dorchester shall have fourtye shot de-
liv'ed them by the surveyar of the armes for their three great guns, of w***
M' Dimcan tooke charge.
It is ord'ed, that the towne of Linn shall have thirty 8a(9e shot deliv'ed
^ them by the surveyar of the armes for their t ^ great guns, of w^ Capf
Bridges tooke charge.
[*54.] It is ord'ed, M' Willi : Hathome, of Salem, shall be released •from the
ordinary trainings of eight times a year under Capl Traske, in regard of many
country occasions in w®** hee is implied, & if at any time he hath bene absent
fro™ those trainings heretofore, that he shalbe cleared from the same ; pvided,
if there be any millitary company in the countye of Essex, that hee shall ioyne
himselfe w*** them. ^
It is ordered, that M' Fran5 Williams, M» ^ Funnell, & Willi : Sher-
bone shall end small causes at Strawberry Banck.
M' Dunsters petition for the 400*, & other gifts fro™ England, is deferd
in regard the country stock is disperst into sev'all mens hands, that there can
be no determinate nor direct answer given till the next session of this Co't,
when the comitte shall have made retume.
573— It is ordered, that the comission's now appointed for this iurisdiction, &
Comiss^* ♦ _^,
charges. such as shalbe so appointed fro" time to time, for to meete w*** the comis-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 71
sion^s of the United Colonies, shall have their charges, w**" two men & four 16 4 4.
horses, during that service, alowed them out of the treasury. "*"*> '^
29 Hay.
It was ordered, that the 3'** day of the 5*** A should be kept a day of
publike humiliation in all the churches in o' iurisdiction, in regard of o*^ native
country, the sicknes, drought, & other dangers to o'selues.
It is ordered, the printer shall have leave to print the election sermon,
^th j^£r Mathers consent, & the artillery sermon, w*** M' Nortons consent.
Willi : Francklin is referd to the ma*~*" ; if they see cause, hee may have
a second triall for his life the next Quarter Co't
It is ordered, that the Co't shalbe adiourned untill the last 4*** day of the
next 8^ A ; pvided, that if occasion shall require, the Gov'no' (or in his sicknes,
death, or being surprized by an enemy, the Deputy Gov'no') may have power •
to suinon a meeting of this Co't before the day limited.
Upon M^ Fogs petition, it was granted, that what shalbe wanting in the
fees (for his supply) may be made up by the fines raised in Salem Co't, as in
their discretion they shall see meete.
Upon the petition of M' John Winthrope, lunior, exhibited to this Co't, Pcquod pUnt
for leave to make a plantation at or near Fequott, it is ordered, that the
said petition is granted, & that the petition^ shall have liberty to make a plan-
tation in the said Fequott country, w^ such others as shall psent themselues
to ioyne in the said plantation, & they shall enioy such liberties as are neces-
sary, & other farr remote plantations do enioy, & also to lay out a convenient \
place for iron works,' pvided, that a convenient number of fit psons to cany-
on the said plantation do appear to psecute the same w^in three yeares.
Dated the 28"» of the 4^ A, 1644.
By order of the last Gren'all Co't, wee, und'written, were appointed to Dover ft
heare & examine the case concerning a certeine quantity of land in question, bmiT^^o-
between the towne of Dover, one the oil side, & the inhabitants of Strawberry ^***
Banke.
In V^ case, haveing spent much time, & given a firee & full hearing to
the parties aforesaid, wee find as followeth : —
First, that the inhabitants of Strawberry Banke do affirme they cannot 1.
make a towne w^out the land in question; also, on the other side, it is
affirmed by the church & towne of Dover that they cannot continue & subsist,
as a churche or towne, w^out the land in question ; so that this argum^, taken
from the necessity of haveing & enioying the land *in question, lieth equall & [*56.]
in comon to them both : under this head many things were pleaded w*** wee
cannot ground on, unlesse we had veiwed the bounds belonging both to
Straweberry Banke & Dover. Secondly, we find it is the earnest desire of S.
72 THE RECORDS OF THE COLONY OF
16 4 4. the inhabitants setled upon the land in question, that thej may belong to
^ Dover ; in w*** desire of the inhabitants aforesaid there are two things con-
siderable : Ist, that their accesse to the ordinances at Dover is much more easy
&, convenient then at the other place. 2^^, that many of the inhabitants afore-
8. said are now members of the church at Dover. Thirdly, we find that the
land in question hath bene a long time planted & possessed by Dover, w^ut
any interruption or opposition made against them, excepting onely what was
done by Capl Neale, whose pceedings therein were illegall & iniurious, as is
affirmed by Cap? Wiggens.
4. Fourthly, the inhabitants of Dover do pleade that the land in question
ought not to be taken fro" them by the Generall Co't, being theirs by pur-
chase of the Indians & possession as aforesaid, & because, in the articles of
their submission to this govemm^ (they say,) their right in this & other
cases is exjpsly reserved.
RICH: BELLINGHAM,
RICH: SALTONSTALL.
12th 4th A^ 1644.
It was ordered, that this retume of the comission's be entered, & that the
land in question between Dover & Strawberry Banke be layd to Dover.
The Co't, taking into consideration the ]^ent condition of Fumhome &
Sacanonocho, & their freinds that are ioyned to them, & their men that belong
unto them, of what dangerous consequence it might be unto us if we should
altogether neglect them, & leave them to the cruelty & bluddymindednes of
the Naragansets, these two sachims haveing sent unto us for ayde, if we £dle
them we breake o' covenant w*** them, wherby the name of Grod,will suffer, &
religion wilbe evill spoken of, & the whole nation wilbe odious in their sight ;
besides, it will pbably cause not onely them, but all the rest of the Indians
that have put themselves under o' iurisdiction, & consequently ptection, to fly
of fro™ us, & to fall to o' enemies, & set themselues against us. The Co't
therefore doth desire, that there may be fourthw*** ten English men, well
armed, sent unto them, according to the sachims request, & that they may
there build the Indians a strong house of pallizado, & be a guard unto them
for such a season as shalbe agreed of, the Indians finding them victualls, w^^
they have pmised to do.
576— It was agreed, that the order that gives power to two of the cheife offices
of every traine band to punish the delinquents of such companies, 8e that that
part of the order thereunto annext, (concerning the watching of fishermen,
(6,) may stand in force till the Co't take ftirther order.
It was ordered, that the surveyor of the armes shall deliver to the depu*
THE MASSACHUSETTS BAY IN NEW ENGLAND. 73
ties of Newberry two snaphance muskets^ insteed of those wee had of them^
& not of lesse yalewe.
It was ordered^ that Leiftenant Duncan & M' Mayhew should be a
comitte to take the Treasurers accounts^ & *that M' Treasurer be ioyned w***
them to take all other accounts £ro°^ such as are accountable to the country^ &
to make retume thereof to this Co^t at the next sessions^ appointed to be the
next 8*** A.
It is ordered^ that the Co't at Salem shalbe adioumed to the 9^ of the
6*^ A next.
Rich'd Waterman being found erronious, hereticall, & obstinate^ it was
agreed^ that he should be detained prisoner till the Quarter Co't in the 7**^ A,
unlesse five of the ma*"*" do find cause to send him away ; w*** if they do, it is
ordered, that he shall not return w^^in this iurisdiction, upon paine of death.
Fassaconnaway & his sonnes offering & desireing to come under this gov- PasBaconway
emment, according to such articles as Cutshamache & others have formerly •^^J*^'^"-
bene accepted, they were accepted, & he & one of his sonnes subscribed the
articles, & he undertooke for the other.
Upon Zacheus Goulds petition, it is conceived to be for the gen'all good, VilUge Ipaw*.
& very convenient, there should be a village about that farme, & that the
towne of Ipswich should further them therein.
It is ordered, that Linn village, at the request of the inhabitants thereof. Redding,
shalbe called Bedding.
It is ordered, that the 100^ p @ formerly granted toward the mainte- Castie isle
nance of fortification at Castle Hand may begin so soone as they have a
comander & garrison there, & to be paid every sixe months, if they shall finish
the worke, & continue the garrison there, according to a former order.
It is ordered, that o' Gov^no' should have 20* spedily paid him, in ^ of
that sume the country intends to alowe him for this his years service ensuing.
It is ordered, that M' Rich'd Dumer, James Browne, & Henry Short
shall end small controversies at Newberry.
M' Samu : Dudley, Bob't Pike, & John Saund's have power to end small
causes at Salsberry.
Capl Bob't Bridges, Ensigne Tomlins, & Nicho : Browne to end small
causes at Linn.
M' Willi : Perkins, Willi : Tory, & John Upham have power to end
small causes at Waymoth.
It is ordered, that the gen'all surveyer of armes hath hereby power 677-
given him & is appointed to gather into his hands, between this & the next
Gen'all Co't, all the countries armes & amunition w^in all the townes from
VOL. II. 10
u
THE KECORDS OE THE COLONY OF
[♦57.]
HuU.
Fiscataqua.
Castle I.
M'W
Elis : Cole.
the southward unto Linn that are w^^in this iurisdiction^ & to sue & recover
the same fro°^ those that shall refuse to deliver them into his hands^ & is
slowed for his paines twenty nobles ; & that the clarks of the sev'all bands or
companies of Linn & northwards shall take into their hands the countries
armes in their companies by law^ or otherwise, as above said, by the next
Gen'^all Co't ; & the surveyors of the traine bands are hereby required to take
an oath suteable to their places ; & what clarke or surveyor of arms soev'
shall refuse to take his oath for the ^ithfull & diligent execution of his place
shalbe fined 40sh' ; ♦& that he have for his paines the third part of the fines
for neglect of training, & defect of armes and amunition.
It is ordered, that Nantascot shall be called HulL
^ Bibble is alowed to keepe a house of comon entertainment at HulL
Thom: Dyer hath liberty to keepe an ordinary, & seU wine, at
Waymoth.
It is ordered, that one Co't shalbe kept at Fascataque in the year now
ensuing, & that M' Bellingham, M' Saltonstall, & M' Sympnds, or any two of
them, are specially appointed thereto, (not excluding any other of the ma*"**
that may & will attend the same ;) that Co^ to be kept at such time & place as
the said ma*"**, or some of them, shall appoint
«
It is ordered, that the Deputy Gov^no', M' Dudley, M' Hibbens, & M'
Nowell, togeth' w*** the Treasurer, Maior Gibons, Maior Sedgwick, & M'
' Hugh Prichard, or any five of them, shall have power to send the ten men to
the two sachims, Fumhome & Sacanonocho, & to agree w*^ them upon the best
tearmes they can for the benefit of the country ; & if they see iust cause not
to send any, then to use their best skill to pvide for them by writing, or any
other way they shall see good.
Whereas there is yet no comaunder appointed for the Castle, —
It is ordered, that if the townes in the Bay agree w**^ M' Coitemore for
taking charge of the Castle, he shalbe accepted as capf thereof during the
tearme they agree w*^ him for, he fro™ time to time obs'ving such comissions
as shalbe tendered to him by the Gen^all Co't, or power by them ordered ; & in
case they cannot agree w*** him, then that they take care the place be supplied
by some other able man till the next cession of this Co't, & then make their
tender of such as they shall conceive meetest to take the charge for the future.
It is ordered, that 103*, w^ the Deputy Gov'no' acknowledged he had
rec* of the Treasurer, shalbe alowed to M' Tyng, the Treasurer.
M" Elisa : Cole is alowed a bill of reveiw in the action brought by FranS
Doughtye ag* W™ Cole, lately deceased, wherby her deede that was cancelled
may be made good, as before the cancelling thereof
THE MASSACHUSETT3 BAY IN NEW ENGLAND. Y5
' The petdtion of M' Naiha : Norcrosse, Rob't Childe, Stephen Day, John 16 4 4.
Fisher, ^5, for a plantation at Nashawake, is granted ; pvided, that there shall ^ ~
not be more land allotted to the towne or {iticiilar men (notw^standing their
purchase of land of the Indians) then the Gen'all Co't shall alowe.
It is ordered, that M^ Seawall shall take his debt in those planks & pipe- /
staves as are of M^ Foxcrofts, at Salem & Linn, so far as they will retnme to /
account, being prized by three men, according to *lawe, & to be directed that ■ [*58.]
in their appraisment they so valewe them as in their best iudgm** they will at
psent yeald, in the places where they lye, in come, cattle, or beaver ; & if they
shall und'prize them, in the iudgm' of M' Foxcrofts agents, they shall have
the liberty of two dayes to make him other good pay ; & what shall be wanting
of M' Seawells debt to be paid out of the best of M' Foxcrofts estate ; & M'
Yale shall bring in an inventory thereof, according to order, w**»in seaven dayes
after the appraism*, unto two ma*"** by oath.
The fine of Salsberry (for that they did want a watch house, w*^ being
now made very good) is remitted.
It is conceived fit the order established about salt peeter should be
observed by Salsberry.
Hampton is remitted their fine of 20sh*, they being to ppare their salt
peeter houses for time to come.
Willi : English is alowed, in the ^^ of James Davies, to assist in ending
small causes at Hampton.
A Coppey of the Partition Agrement made between Woobome & Linn
Village, now called Bedding.
We, being appointed by the Co^t to settle the bounds between Woobom Woobome ft
& Linn village, (called Redding,) have agreed, that the line of partition *^
between them shall begin at the little brooke in Parly meddowe, where it
begineth to tume upward toward the north east, & so to abbut upon Charlston
head line, & to run north & by west into the country ; the point being taken
from the needle, w^^'out alowance for the variation, unto w*** agreement we have
set o* hands this 23«» 3«» A, 1644.
GEORGE COOKE,
JOHN OLIVER.
It is conceived that M' Foots agent may attach M' Foxcrofts estate in his
agents hands, & pceed to iudgm' ; & upon execution, if M' Foxcrofl:s agents
shall not make full satis&ction, then to declare upon oath what estate they had
in their hands when the attachment was served, w*^ upon serious debate is
iudged most equalL
76 THE RECORDS OF THE COLONY OF
1644. It is ordered, that Willi : Wilson shall be alowed ten pounds toward the
^ ~ building w*^ is in hand, by the prison.
29 May.
It is ordered, that M' Edmond Batter shalbe abated 40sh' of the 6* w^
he was to pay for the girle w*^ hee tooke.
aoo acres 1* out It being conceived, on certificate of the inhabitants of Nashx & some of
to M' Mahew.
Sudbury, appointed by the Co't, that it will not preiudice either of the plan-
tations, (or be a hindrance to any other plantation,) it is consented that M'
Mayhewe should have his request ; and M' Peter Noyse & Edmond Goodiner
are appointed to lay out the said 300 acres of land.
It is ordered, that the last umperage shalbe granted to Joseph Armitage,
w*^ was by M' Downing & M' Hathome.
It being conceived not to be to the advantage of Adam Otely to have his
[*59.] petition granted him, *but rather to stand to what hath bene formerly awarded
to him by comission's.
It is conceived meete, that Jonathan Thing shall continue his time w^^
. Henry Ambros, giving security to Samuel Greenfeild for the 20*, to be paid
by 4* a year, after his time expired w*** his new master, if he shall live so long
as to make yearly payment thereo£
The comission's are desired to bring into the Co^t how they have issued
the difference between S' Eich'd Saltonstall & the towne of Watertowne.
M' SoVt Saltonstall is fined 5sh" for j^enting his petition in so small &
bad a peece of paper.
It is ordered, that the ryver at Shawshin shalbe called by the name of
Shawshin Ryver, not onely belowe, but also above the riveret, w^ falls into
the said ryver in Woobome bounds, above halfe a mile from Cambridge Una
Wee conceive that whatsoever Edward Michelson can make to appear
upon good account, w*^ hath not bene formerly reckened for, he shall have
that sume abated out of the 40*, & that then the marshall pay the rest
We conceive that there should as much land be granted to Thom : Venn
as may answer the sume of mony that hath bene by his father, M' John Venn,
put into the country stock, (that is,) so fiirr fourth as others have, when he
sheweth power from his £ither to receive the same.
The Comission of the Sergent Maior Gen'all. By the Gen'all Co't, assembled
at Boston, the 29^ S^^ A, 1644.
577— To Thomas Dudley, Es^, sergeant maior gen'all : Whereas yo" are chosen
sergeant maior gen'all of all the millitary forces in this iurisdiction, yo° are,
according to the trust coinitted to yo", & by vertue of this comission, to
take spetiall care that all yo' inferio'" offices do (according to the power & trust
THE MASSACHUSETTS BAY IN NEW ENGLAND. 77
comitted to them) faithfully & diligently discharge their severall places by
exercising their souldiers in millitary discipline^ according to the orders of the
Generall Co't, that so they may be made expert & fit for such services as by
the pvidence of God they shalbe called unto ; & for the furthering thereof yo*
may^ w*** the assent of the councell of the como° wealth, or the maior part of
them, yssue fourth yo' warrants for a gen'all trainiijg, of any one, or two at
the most, at one time & place, of the regiments of this iurisdiction, to be ex-
ercised by yo'self & yo' inferior offic's in a millitary way ; & upon any sud-
daine occasion, or appearance to yo'selfe of any danger, that may call for a
millitary watch, before the councell of the comon wealth do assemble to ap-
point the same, yo° are fourthw*** to give order *for it in all places yo° shall [*60.]
iudge needfull, & in case of any approach or assault of an enemy, forreine or
domestick, or apparent danger thereof, though yo° have as yet received no
pticuler order from the Gen'all Court, or councell of the comon wealth, yo'*
are fourthwith to raise such forces, in any or all the severall regiments, as yo'*
shall iudge necessary for the psent service & safety of the country, w** are to
be implied (till the councell of the common wealth do meete & give direction)
according to the advice of the councell of warr, who are alwayes to consist of
such s'geant maiors & cap? as shalbe in the field w*** yo", togeather w*^ some
other fewe select psons, that yo'selfe & said councell shall make choyce of, if
yo" see cause so to do, (unlesse the Gren'all Co't, or councell of the common
wealth, shall appoint the same,) in w*^ councell of warr yo'selfe shall alwayes
have a casting voyce ; w*** aforesaid forces so raised, together w*** such further
supply as the Gen'all Co't, or councell of the comon wealth, shall from time to
time see cause to comitt unto yo°, yo™ shall commaund, conduct, & leade,
according to yo' best skill & ability for the securing of the whole, & killing,
& destroying, or taking captive all or any of yo' pfessed enemies, that by open
hostility shall manifest themselues so to be, & pursuing them out of o' iuris-
diction, if yo" & the councell of warr shall iudge it to bee meete.
Yo'* have also hereby power granted yo™, in all places where yo'" come,
to presse great ordinance, muskets, pikes, powder, shott, match, bullets, spades,
shovels, pikaxes, wheelbarrows, & all other instnun^ fit for warr, & also pin-
naces, boats, or other vessells, horses, oxen, carriages, men to mannage them,
& all things belonging thereunto, to supply the ^ent & urgent necessity
of the army, as also victuaUs & pvision for man & beast, keeping an exact
account thereof, & giveing a ticket by an officer to such of whom yo'* shall
receive the same, that so due payment & satis&ction may be seasonably made ;
& when the army is on foote, yo'selfe, together w*** the councell of warr, are
78 THE EECOBDS OP THE COLONY OP
to appoint capf , leif f ^ & ensignes in the roome of any such as may be slaine,
dye, be wanting, or otherwise removed upon due desert.
And further, yo'* have hereby power given yo'", & are required, so soone
as the army is on foote, to call together yo' councell of warr, w^ shall not
consist of fewer then eight, yo'selfe to be one, who, being met together, shall
have power to consult & determine, by the maior vote, w*** way wilbe most
[♦61.] safe & advantageous for the carriing on of the maine designe for w** *the said
forces were raised, the determination of which councell yo" shall not £dle to
observe in all points w^ pply belong to the councell of warr to direct^ in;
but for the ordering & managing of any battaile in time of service it is wholly
left to yo'selfe..
(o ^ Also yo'selfe, togeather w**' the councell of warr, shall have power to
j/v ^ make such wholsome lawes, agreable to the word of God, as yo" shall con-
I C ceive to be necessary for the well ordering of yo' army, untill the Gen'all Co't
' "f shall pvide for the same, w^ being sufficiently published, yo'*, w*** the said
councell, hav« power to put in execution, be it to the takeing away of life, or
f -) 7 otherwise ; & furth% yo'* shall, asmuch as in yo'* lies, labour to ^vent & sup-
/^ prese all mutinies in yo' army ; & in case any do arise, or any other offence be
^ comitted, wheth' by officers or comon souldiers, yo'selfe & councell of warr,
upon due couvictiou of such offenders by sufficient testimony, shaU have fuU
power to sensure & punish, according to their demerits, to w^ en^ power is
hereby given to the said councell to examine witnesses upon oatL
Provided alwayes, that the said councell & yo'selfe be carefull to observe
the orders, instructions, messages, & directions w®^ already are, or from time
to time shalbe, directed to yo° fro™ the Gen'^all Co^ in the time of its being,
& at all other times &om the councell of the comon wealth ; and this yo^ com-
mission to stand in force till the next Co't of Elections. In full confirmation
of all the pmises, wee have caused the comon seale of this colony to be here-
unto affixed. Dated the day & year above written.
The Co't is adioumed, as before, to the 80**^ of 8**>.
30 October. ^t a Sesston begining the 80^ of the 8^ M% 1644.
m
It is ord'ed, y* y* 46* 16sh* 8* in y* hands of M' Prichard belonging to
the' countrys stock shalbe conv'^ted into such comodity as may be vendable in
England by the said M' Prichard & Leif I Ihmcan, & by them deliv'ed into y*
hands of M' Willi : Tynge, who is desired & intrusted by this Co't to buy
powder & leade for the use & benefit of the colony, w*** so much of y* mony
as shalbce by them deliv'ed to him.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 79
John Gurny his byl for S. 16. 4*, & Tho : Lake his note for 1. 3. 8^, are 16 4 4.
accepted for 5* fro M' Ginn'. "^""^ v^**'
It is ordered, y' the two form' ord's made by this Co% the one of the ^ jj, oinn'
3th 4ih jSi, 1635, the oth' of the IS*** first A, 1637, conc'ning weights & meas- 578-
nres, shall still remaine in force, & from year to year shalbe put in execution
by the marshall, & that w^in one month next ensuing hee is required to put
the said ord's in execution for this ^ent year.
* •
9 M% 12. 12NoTember.
M' Thom : Bredcake was granted a warrant to receive two small guns fro
Winter Iland by Salem. M' Willi : Tyng, Cap? Bob't Keayne, & John Milam
are security for the redeliv'y of them there, or the valewe of them, by mid-
somer next.
M' Thomas Fowle is granted the 2 small guns, pvided hee give security
to retume them by midsomer next
Soger Elce & Jane Lishan are pmitted to marry, though not thrice pub-
lished, upon a certificate fro™ Yarmoth shewed to x x
•It is ordered, that M' Samuell Dudley, M' Carlton, & M' John Saunders [*62.]
of Salsberry shalbe comission's to here & examine all matters concerning M'
Bachiler & Hampton ; & they have power to examine witnesses upon oath,
wherby they may retume the truth of the case to the next Gen'all Co't of
Election.
It is ordered, that Cap? Hawkins shall have a comission granted him tD
take any ship that shall assault him, or any other that hee shall have certeine
knowledge to have taken eith' ship or ships of of (fs, or to take any ship that
hath comission to make prize of any of o^s.
It is ordered, that M' Clarke shall pay out of the countryes stock due
fro™ M^ Stoughton to M' Symon Bradstreete & M' Willi : Hathome 5*, as pt
of their charge expended in their voyage to Conecticut
The account of M' William Tynge, the late Treasurer, haveing bene
examined by Leifl Nathani : Dimcan & M' Thomas Mayhewe, is accepted.
It is ord'ed, that Cap? George Rich'dson should be alowed a tryall by
way of action about the Dartmoth ship w*** hee had, & was cast.
Whereas 12. 15" was paid to div'se of y* Portingall ship (w«^ is now
gone) for ''satisfaction of such mony & goods as were uniustly taken fro™ y™
by some of Cap? Smiths comp*, who had warrant fro™ y* magistrats to
requir y« said Portingall ship to give satisfaction for some wrongs they had
done to y« inhabitants of Hull & oth's, & w'as y^ said Cajil Smith & his comp*
12 NoTember.
80 THE RECORDS OF THE COLONY OF
16 4 4* are now at sea, & y* said 12. 15* hath bene p* by M' Parris upon y« request of y*
Deputy Gov'no% to y* end y* said Portingals might not dept und^ sence of iust
iniury, it is'adiudged most meete y' y* mony be paid by those y* ha* und^'taken
for Cap? Smith & his comp*, it be* due fr5 y™.
679— No attachm' shalbe granted (in any civill action) to any flForryner agst
Attachments. ^ getled inhabitant in y" iurisdiction before hee hath given sufficient security or
caution to psecute his action, and to answ^ y« defend' such costs as y* Co^ shall
award him.
679— In all attachm*" of goods & chattels, or of lands & hereditam**, legall
notice shalbe given to y« pty, or left in writing at his house or place of usual
abode ; oth'^vise y* suite shall not pceede : if hee be out of y' iurisdiction, y«
cause shall pceed to tryall, but iudgm* shall not be entered before y* next Cot ;
if y* def^' do not y° appear, iudgm* shalbe entered; but execution shall not
be granted before y* plaintiffe hath given security to be responsall to y* def^' if
hee shall rev'se y* iudgm* w^in one yeare, or such further time as y* Co't
shall limitt
679- A iudgm* acknowledged before any two ma*~** & y« secretary or recorder
shalbe good in law, & y« fee for taking & recording y* same shalbe onely 12** ;
if y* secretary or recorder be a ma*"*®, one oth' ma***** may suffice.
Ord» «b« M»B The Co't declareth, that they thinke it iust & meete y* M" Philips make
100 to^htt^Bon ^^^ ^^ much estate as shall secure 100* to Samuell & Elisabeth Philips, grand
& daughter in ^hild^n of Rich'd Sergent, or oth'wise give band w**" sureties [to] the content
Jaw.
& satisfaction of Capf Cooke, M' Sparhauke, & John Bridge, who are intrusted
in the busines by the Co't ; this security to be given in a montL
M' Bozoon Allen & Josua Hubberd are remited their fine of SOsh' on
their petition, their excuse being accepted.
The Co^t did by their vote declare they iudg y* S^ Rich'd Saltonstall hath
true title to y* land y* hee shall pve hee mowed 4 years together.
Glocester id granted ^0* out of the next paym* of M' Andrews gift
toward the erecting of a mill there.
It is ordered, y* M' Willi : Bainsborow or his assignes shalbee paid 100*
out of the countryes stock in the hands of RP Edw^ Tynge or M' Israeli
Stoughton, w^'^out further delay, in answer to his petition.
John More & Edward Michelson are forgiven the 40* they owe the coun-
try, upon the grounds aleadged by them.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 81
♦rA€ Id^ of the y* M\ @ 1644. 16 4 4.
Answers to the last ppositions sent unto us this Year by the Undertakers & 13 NoTember.
Adventurers of the Iron Worke. [*63.]
1. To the first proposition : The Co't doth hereby grant to the said un-
dtak's, ^5, that they shall have three yeares fro™ the date hereof, for y« per-
fecting of their worke & furnishing of y* country w*^ all sorts of barr iron ;
pvided, that it shalbe in y* liberty of y* planters^ or any of y* inhabitants in
y« iurisdiction, to become adventurers w*** y* und'takers, if w***in 12 months
they shall, according to y* former pportion, bring in their adventure of no lesse
then 100* a pson, w**> alowance to y* adventurers, ^5, for 1000*, already dis-
bursed; pvided, also, y* y* adventurers shall w^ all expedition psecute y*
work to good pfection, asweU y finery & forge a8 r furnace, w*" is already
set up, y* so y* country may be furnished w"''[all] sorts of barr yron for their
use, und' y* rate of 20* p tunne.
2. The Co't doth hereby grant to y* und^tak's, ^, for their furth' incur-
ragmS 3 miles square, w^ is 12 miles in compas, of land not yet apppriated
to every such place, where they shall actually ^ot--;^^ ^ p&ct.any-<^Hhe
sixe works m entione d, & y* said land so granted shalbe to y** & their heires
forever.
3. It is furth' granted by y* Co't, y* in all places of wasts, or land not
apppriated to any towne or pson, y* und'tak's, ^6, shall have liberty to make
use of all yron stone, or yron oare, or oth' stuff for building, timber, clay,
woode of all sorts, turfe, or any thing y* they shall find usefull for y*^, & to
make ponds, wayes, or water courses therein, as they shall see meete & usefull,
for y* furtherance of their worke, & in pprieties, liberty for high wayes &
wat' courses ; & all y® inhabitants are very ready to give all oth' accomodations
it may be by composition, & not iniunction to weaken pprieties.
4. It is granted by this Co't, y* y* und'tak's & adventurers shall have all
liVties & imunitics, both for y™selues & servants equal, w^ any w***in y* iuris-
diction, according to y* lawes & ord's of y* same, & according to y* rights &
liberties of y* churches. 6. It is also granted, y* y* und'takers & adventurers
in y* worke, togeth' w*^ their agents & servants, shalbe free fro™ all taxes,
easm^, contributions, or oth' publiq charges whatsoev', so much of their stock,
store, or goods as shalbe y'in implied, for y* tearme of 20 yeares yet to come.
6, It is desired, y' in all y* places w' an yron work is set up remote fro™
church or congregation, unto w*^^ they cannot conveniently come, the und'tak's
wilbe pleased to pvide some good meanes whereby their &mi[lies] may be in-
structed in y* knowledg of God.
VOL. IT. 11
82
THE EECORDS OF THE COLONY OF
1644.
13 NoYembcr.
[•64.]
N* ftttdance.
580-
Country*
Btocke.
7. It is lastly ord'^ed, y* such workmen, clarks, miners, found^s, finners,
& oth' workmen, y' are constantly implied in y® worke, shalbe free fro™ train-
ings & watchings.
M' John Winthrope, lunior, is granted y* hill at Tantousq, about 60
miles westward, in which the black leade is, and liberty to purchase some
land there of the Indians.
Upon the petition of Gilbert Carpenter, it was put to vote, wheth' they
would have y* order reversed w*^ was made by y* Govemo' & councell, touch-
ing y* seisure of the Dartmoth ship".
It was voted not to be reversed.
*It is ordered, that the comission's for laying out the roade way between
Ipswich & Salem shall have power to alter the way layde out beneath Wen-
bam towards the east, & to lay it through y* towne if they shall iudge it
meete.
It is ordered, that the sergeants shall have 18^ p day alowed them.
It is ordered, that every vintner, or oth' pson, y* hath licence to drawe
wine within this iurisdiction, shall pay unto the officer or offices appointed by
y* Co't to receive it, 20' for ev'y butt of sack drawen, or begun to be drawen,
by him, & so pportionably for every greater or lesser vesseU, & for every hogs-
head of French wines, or other wines, 5", & so pportionably for greater or
lesser vessels ; & it is ftirther ordered, y* every such drawer of wine as afore-
said shall appear once every quart' either at the Co't at Boston, or other Cots
within this iurisdiction, there to take oath for the truth of what quantity of
wine they have drawen, or is begun to be drawen, & accordingly there to pay
in what is due to y® comon wealth in manner & forme aforesaid. And it is
further ordered, that all such wines, whether in the hands of marchants or
cowpers, that shalbe shifted into smaller caske, or cases, to be spent in the
country, shall pay pportionably to that w*^ is retailed, by such as are alowed
to sell wine by retaile.
That, whereas wee find, by account, 63* 8* 9*^ in y® hands of M' Edw*
Tynge, & 248* in y* hands of Cap? Stoughton, of y* countries stock, it is ther-
fore ordered, y* y* surveyor of the armes shall have hereby full power to re-
ceive & to recover by law, or otherwise, y* said sumes of y* said parties in y*
behalfe of y* country, & upon receipt of y* said monies shall pay out of it
100* to M' Stephen Winthrope, for y* use of M' Bainsborowe, & y* remainder
of y* said sumes hee shall deliver to y* said M' Winthrope, out of w*'*' hee is
ordered to pay to M' Pocock, in England, 100*, (in case hee is not paid al-
ready,) & y* remainder^ w*^ is 111* 8" 9*, y* said M' Winthrope is ordered &
THE MASSACHUSETTS BAY IN NEW ENGLAND. 83
desired to return fro™ England 1000" weight of musket bullets, 1000** 16 4 4.
weight in lead, & y* rest in powder. ~ ^ ~
M^ rilgnm, m' of y® uillynower, comeing to require fraite & wages, y*
vote was defered upon divers weightye considerations.
•It is ordered, Maior Sedgwick may have 3 thousand of bread out of the [*65.]
c&rgo now in y* hands of the Co't, hee ingaging himselfe to pay bread againe,
when called for, to content
Whether Watertowne have in their dividends wronged S' Richard Sal-
tonstall. Voted, it doth not appeare.
It is ordered, 50* shalbe given by the country toward a house for the cap? Cm* I.
of the Castle, pvided it be finished by y* first of y* 3*^.
Leifl Davenport is chosen cap? of the Castle, to begin the 2 of the first A,
& then his pay to begin.
Ensigne Palmer is chosen clarke of the writs in Charxtowne, in the roome
of M' Hubberd.
Cap? John Bayly acknowledged a iudgm* for 8 months fraite & wages to
M' Pilgrim & his comp*, & acknowledged the m' hath pformed his covenant
& voyage according to charter ptye.
It is ordered, that Goodffi Turner should be alowed 100* out of the chil-
drens mony.
It is ordered, that M' Ruck should have 40* assigned out of the childrens
mony.
It is ordered, that the sergents should have 11^* assigned them out of the
childrens mony.
It is ordered, that Goodman Fairbanks shall have his bill paid him out of
the childrens mony.
M' Russell is chosen to supply the Treasurers place to the next Co't of
Elections.
Cap? Thomas Bredcake had commission granted him for a 12 A, to take
any Turkish pirate.
It is ordered, that Salem should be y* sheire towne of Essex. Salem y« shiro
M' Bradstreete, M' Hathome, M' Winthrope, lunior. Increase Nowell,
Maior Sedgwick, Cap? Cooke, & M' Duncan, these seaven, of any four of
them, to meete & prepare busines about y* trade for the company.
It is ordered, that M' Bellingham shall have pow' to hear & determine
y« cause concerning Rich'd Knight, of Salsberry, about suspition of fellony,
for asmuch as y^ said Rich'd is not able to travaile.
It is ordered, that 60* p @ shalbe alowed out of y* 100* for the cap? of CasU IL
the Castle.
13 NoTcmber.
g4 THE RECORDS OF THE COLONY OF
16 4 4. It is ordered, that M' Dunster, p^ident of the col[ledge] at Cambridge,
shall have 150* assigned unto him, to be gathered by y* Treasurer for y«
colledge out of y* mony due for y* children sent out of England, to be
expended for a house to be built for y* said ^ident, in jpt of y* 400* pmised
unto him for his use, to belong to y* colledge.
It is ordered, y* M' Pilgrim shall bring, y« 27**" 9 A, into Co^t y* true
invoyce & bill of ladeing of all such goods as were loaden at London, & a true
[*66.] account of such goods & marchandizes as were rec* upon former *debts, &
what was otherwise traded at Archibectoo, or whatsoever else belonged to y*
marchants of y* ship Gilliflow', now in y« harbo', & shall give in a true
account to whom hee dd y°*.
It is desired y« 19*^ of y* 10*** A shalbe kept a day of publique humili-
ation in regard of o' native country, y* prevail' of erroneous & corrupt
opinions, y^ sore warrs, & extreame wants of many there, w*** y* weighty occa-
sions in hand both y^ & here.
Indians in- It is ordered, y* y* County Co'ts in y* iurisdiction shall take care y* y*
Indians resid' in y* sev'all sheires shalbe civillized, & they shall have pow'
to take ord' fro™ time to time to have them instructed in y* knowledge & wor-
ship of God.
581— The Co't takeing into consid'ation y* neglect of y* armes of y* country,
& y« disord'ly dispsing of y™ into severall hands for private use, to y« dam-
age of y* publique, it is therefore ordered, y* y* surveyor of y* armes shall
have full power, by suite or otherwise, to recov' & take into his custody all
such armes of any kind y* belong to y® coimtry from y* sev'all townes & psons
w*** have any of y™, & to bring y™ to some place or places to be safely layde
up till y* Co't shall give furth' ord' for y* dispos' of y™, & y* to be done by
y« end of y* first A next ; & it is furth' ord'ed, y' y* surveyor shall sell y* worser
sort of muskets or caleivers to such as will buy them.
M' Aspinwall, M' Aspinwall is chosen Recorder till y* next Co't of Election.
^ * It is ordered, that all those former ord^s made about apparrell & lace are
682-
hereby repealed.
683— It is ordered, y* y* magistrates & deputies of y* Co't their passages over
y* ferries, together w*^ their necessary attendants, shalbe free, not paying any
thing for it, except at such ferries as are apppriatcd to any, or are rented out,
& are out of y* countries hands ; & there it is ord'ed their passages shalbe
paid by r country.
It is ordered, y* there shalbe a bushell of Indian come or three q^ts of
wine paid to any Indian by y* cunstable of ev^^ towne for ev'y wolfe killed
w*Mn y* bounds of y* to^\Tie where such cunstable dweleth, upon y* toM^es
THE MASSACHUSETTS . BAY IN NEW ENGLAND. 85
account, pvided y' y« Indian bring y* head to y® cunstable, & make good pofe 16 4 4.
where such wolfe was killed, for y® better satisfaction y' it was killed w^in y* ~ ^ ^'
13 Norember.
same towne bounds. ^.^ .
Oo4—
The Court, ap^hending y* it is not fit to deprive y® Indians of any law-
full comfort w*^** God aloweth to all men by y* use of wine, do ord', y* it
shalbe lawfuU for all such as are or shalbe alowed licence to retaile wines
to sell also to y* Indians so much as may be fit for their needfull use or
refreshing.
Forasmuch as experience hath plentifully & often pved y^ since y* first 585—
arising of y* Anabaptists, about a hundred years since, they have bene y*
incendiaries of comon wealths, & y* infectors of ""persons in maine matt" of
religion, & y* troublcrs *of churches in all places where they have bene, & y* [*67.]
they, who have held y* baptizing of infants unlawfuU have usually held oth'
erro's or heresies togeth' therewith, though they have (as oth' hereticks use to
do) concealed y* same, till they spied out a fit advantage & oportunity to vent
y™, by way of question or scruple, & whereas divers of this kind have, since
o' come* into New England, appeared amongst o'selues, some whereof have
(as oth" before y") denied y® ordinance of magistracy, & y* lawfulness of
making warr, & oth" y* lawfulnes of ma^**, & their inspection into any breach
of y® first table, w*** opinions, if they should be connived at by us, are like to
be increased amongst us, & so must necessarily bring guilt upon us, infection
& trouble to y* churches, & hazard to y® whole comon wealth, —
It is ordered & agreed, y^ if any pson or psons w***in y* iurisdiction shall Anabap.
eith' openly condemne or oppose y* baptiz« of infants, or go about secretly to
seduce oth" fro™ y* appbation or use thereof, or shall purposely depart y* con-
gregation at y* administration of y* ordinance, or shall deny y* ordinance of
magistracy, or their lawfull right or authority to make warr, or to punish j*
outward breaches of y*^ first table, & shall appear to y* Co't wilfully & obsti-
nately to continue therein after due time & meanes of conviction, every such
pson or psons shalbe sentenced to banishm^
In regard y' y* ma*"** w*** dwell fiurr remote have bene long deteined fro™
their owne occasions, & y* traveile is like to pve very tedious this season of
y* yeare, as also in respect y* many of y* principle occasions w*** should have
bene heard, id, at y® next Co't of Assistants havie bene heard & determined
dureing y« time of y* ^ent Co't, it is therefore ordered, y* if there shalbe but
five of y* ma*"** assembled at y* said next Co't of Assistants, they may pceed
in affaires of y^ said Co'^t, & all their pceedings & iudgm*" shalbe as good
efficacy & effect as if y* said Co't should have bene held by eight or more of
y* ma*"**.
86 THE RECORDS OF THE COLONY OF
16 4 4. It IS ordered, y* M' Willi : Aspinwall shalbe a publique notary for this
^ ~^ iurisdiction,
13 November.
►Q/» Upon advice fro™ y* comission's of y* United Colonies for gen'all care to
be taken for y* incuragm* of learning, & maintenance of pore schollers in y*
coUedge at Cambridge, —
It is ordered, y* y« deputies shall comend it to y* sev'all towns, (& y* eld's
are to be desired to give their furth'ance hereto,) w*** declaration of y* co'se w*^**
was ppounded by y* said comissioners, & hath bene put in practice already by
some of y* oth' colonies, vizj : of ev'y family alow* one peck of come, or
12* in mony or oth' comodity, to be sent in to y* Treasurer, for the coUedge
at Cambridge, or where else hee shall appoint, in Boston or Charlstowne.
587— This Co't, takeing into serious consid'ation y* ^positions of y« comission'^s
for y* United Colonies conc'ning y* settleing a gen'all way of trade w*** y®
Indians, & well weighing y* necessity of these plantations t# make impvem*
[*68.] of such helps & *advantages as y* country afibards fbr y* more comfortable
cloath* & subsisting of y® inhabitants thereof, have thought meete to inter-
taine y* said ^positions, & accordingly to ord' y* y* way of trading w*** y*
Indians shalbe established & confirmed for y® space of ten years fro" y* first
Thursday in Septemb' next, to be psecuted according to y* teno' & true mean-
ing of y* said ^positions, & y* all interlops, both o' owne & oth's, shalbe
restrained as much as may be. And it is furth' agreed, y* this ord', togeth'
w*** y* aforesaid ^positions of y® comission's, shall, npon y« breaking up of y*
Corte, be fourthw*** published by y* deputies in their sev'all townes, to y* end
yt gyTy inhabitant w***in y* iurisdiction may have timely notice hereof, & lib-
erty to subscribe his adventure, & y* notice be given to y* sev'all townes, y*
such as are nnd'tak's do send their subscriptions & votes for y* choyce of j^
three comittees to Goodfli Fairbanks, at Boston, upon y* first Tewsday in y*
first A next comeing.
AndiewB gift, It is ordered, y* a letter be tr^^"^, & sent fro™ y* Co't, wherein thanks
may be returned to M' Andrewes, & y* two ladies, & ev'y such oth'^ pson as
hath bene benefacto's to us ; & M' Deputy, M' Dudley, & M^ Hibbens are
appointed a comitte to draw up y* said lett's.
It is ordered, y* y« sergent y* waited upon y* deputies should have two
pound nyneteene shillings paid him out of y* treasury, w*'^ is due to him for
his attendance.
Upon y« testimony of Nelson Hutchinson y* hee did see y* wife of John
Richardson (late of Ratlife) liveing in England w*^in 12 months, & a form'
testimony concuring, y« Co't do declare y* last marriage to be voyde, w*^** was
to EUsabeth Frier.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 87
M' Edward Eauson ha'^ hired to farme y* rent due for wine drawen in 16 4 4.
y* countrey, for 107* lO* for a yeare. ^ '
'' , ,13 Noyembcr.
M' Deputy Gov'nor, M' Dudly, & M' Hibbens are appointed a comitte 588-
for drawing up instructions, —
1. To answer for us in all such occasions as may be Rented to y* Par-
liom^ conc'ning us or o' affaires, but not to ingage us w^out o' consent
2. To rec all lett's & oth' dispatches of publi^ nature or conc'nm* fro" us.
3. To advise us of all such occurrents as may happen touch* o' colony.
4. To receive all monies or oth' things due to us fro" any pson in Eng-
land, by gift or oth'wise, & to dispose of y" according to direction under o'
publiq, seale.
It is ord'ed, y* John Bak'l onely hath liberty to sell wine at Ipswich.
Good& Smyth, of Winnetsemet, hath lib'ty to sell wine, & to keepe a
house of comon intertainment
Willi : Fiske, of Wennam, hath liberty to sell wine.
Sebastian Brigham, of Rowley, hath liberty to sell wine, & to keepe an
ordinary.
Whereas there is an order in force y* no man shalbe put to vote for a 589—
ma*'*** at y* election but such as are nominated at y* Gen'all Co't next before,
y which order is hereby repealed, —
And, for an ord'ly pceeding in a way of nomination, y* each £reeman
may have his full liberty in voting, —
It is ord'ed, y* y* freemen of this iurisdiction shall meete in their sev'all
townes w***in two months after y* date hereof, to consid' of whom they would
nominate to be put to vote *upon the day of election for newe magistrates, to r*69.1
y* number of seaven, at w«** meeting ev'y freeman shall liave liberty to put in
his vote for whom hee thinketh fit, all w*^** votes shalbe sealed up at y* meet-
ing, & sent by some one or two (whom they shall choose) to y* sheire townes
in each sheire, upon y* last 5*** day of y« last month, at w*^** meeting the said
selectmen of ev'y towne (by whom y® votes being brought) shall not have
power to open them, being sealed up, as before, but shall choose one or two
from amongst themselues, by whom they shall send y* aforesaid votes, being
all sealed up in one pap, unto Boston, on y« last third day of y' first month,
at w^** meeting there shalbe two magistrates, before whom y* proxies shalbe
opened & sorted ; & those psons nominated for ma*™*** that have most votes,
to y* number of seaven, shalbe they that shalbe put to vote at the day
of election ; & that such as have most votes to be first nominated & put to
election, that y® freemen may know for whom to send in their pxies. The
select men of every sheire, being at this meeting, shall take care to send to
13 NoTember.
88 THE RECORDS OF THE COLONY OF
16 4 4. the aforesaid selectmen of ev^ towne whom they be that are to be put to
vote, w^^ select men of ev'y towne shall call a meeting of their townes, &
acquint them whom they are, that so y* freemen may have time to consider of
them, & send in their pxies accordingly ; & no oth' shalbe put to vote but
such as are agreed upon, as before.
Whereas wee haveing found by experience y* y* charge of this Gen^all
Co't groweth very great & burthensome, in regard of the continuall increase
of deputies sent unto y* same, & furth' foreseeing y* as townes increase y^
numl/ wilbe still augmented, to y* unsupportable burthen of this comon
wealth ; as also it being thought a matter worthy y* triall, dureing y* standing
of this order, to have y* use of y« negative vote forborne, both by magistrates
& deputies, y* ]pmisses consid'ed, it is declared by this Co't, (if the freemen
shall accept thereof,) that a tryall shalbe made for one yeare ensuing y*
day of election next, by choyce of twenty deputies out of y* sev'^all sheires to
equall y* number of magistrates chosen upon y* day of election, the choyce of
them to be thus divided : Suffolke shall choose sixe, Middlesex sixe, & Essex
& Norfolk, being ioyned in one, shall choose eight ; and furth', to y* end y*
ablest gifted men may be made use of in so weighty a worke, it shalbe at y*
liberty of y* freemen to choose them, in their own sheires, or elsewhere, as
they shall see best, the choyce to be after this manner : the freemen of each
shire, meeting in their owne severall townes together w*Mn two months next
following, shall there give in their severall votes for so many deputies as be-
long unto their sheire to choose, w«*» votes shalbe forthwith sealed up, & one
or two chosen to carry y™ sealed to their sheire towne the last 5*** day of y*
last month following, where, in y« ^ence of one magistrate, they shalbe
opened & conferd togeather, & so many as shall have y* maior vote of y* sheire
are chosen, not exceeding y* number aforesaid ; & such as are so chosen shall
[*70.] assemble themselues at y« next Co't of Election, Rented *under the hands of
those w*'^ were sent from y* townes to the sheire meetings aforessdd, y* names
& sev'all numb' of votes they there had, from w*** assembly those onely y* had
y* greatest number of votes, to equall y* number of magistrates then chosen,
shalbe confirmed, & y* rest dismissed from y« ^sent service, from ev'y sheire
alike number, so neare as may be ; the magistrates & deputies thus chosen shall
sit togeath' as a full & sufiicient Gen'all Co't, to act in all things by y* maior
vote of y« whole Co't ; & furth', it is declared, y* ev'y towne shall fourthw%
namely, by y* last of y« next month, send in und' y* hands of their late depu-
ties their vote, assenting or dissenting to this ^position, to y** house of M' Now-
ell, who, togeth' w'*^ one of y* late deputies of Charlstowne, one of Cambridge,
& one of Boston, shall have power to puse y* said votes, & if they shall find
THE MASSACHUSETTS BAY IN NEW ENGLAND. '89
y* y* greater number of y* townes shall agree y* this may be ppounded to 16 4 4.
them shall pceed, they shall thereupon fourthwith certify y* Gov'no' thereof, ^ ~
who shall thereupon give speedy notice to ev'y towne that they may pceed
according to this declaration ; & whereas it may fall out y^ two or more sheires
may make choyce'of one & y® same men, it is therefore pvided, y* Suffolk
shall begin makeing knowne to Middlesex whom they have chosen, who y*
next 4*** day following shall make their choyce, & send word to Essex & Nor-
folke whom Suffolk & themselues have chosen ; then y® next 4^ day shall
Essex & Norfolke make their choyce.
It is agreed, that for an equall distribution to each towne of M' Andrews About M' An-
gift, y* twelue townejs, w*'** have had nothing, to wit, Waymoth, Boston, Salem,
Wenham, Wooborone, Ipswich, Watertowne, Eowly, Sudberry, Newberry,
Concord, & Salsberry, should have five pound a peece, or a cowe, & then all
to haue 5*, Or a cowe, before Roxberry have any, in y* ord' following : Salsber-
ry, Concord, Newberry, Sudberry, Rowly, Watertowne, Ipswich, Wooborne,
Wenham, Salem, Boston, Waymoth, Glocester, Dedham, Hingham, Hampton,
Linn, Braintree, Cambridge, Charlstowne, and Dorchester.
It is ordered, y* all y* sev'all orders of gen'all concernment agreed on,
this whoU Co't, shalbe fourthwith published to the sev'all townes w"»in this
iurisdiction; & that the severall townes shall pcure a coppy of them w***in
three months und' the Secretary his hand.
The Co't thinke it iust that M' Treasurer do give M' Downing an acquit-
ance of what hee hath paid into the treasury, & y* M' Downing give also an
account to this Cot what children were taken into the ship, & their names, &
also where those children were landed, & to whom they were deliv'ed.
It is ordered, that Harbert Pelham, of Cambridge, Es^, M' Thom : Flint,
& Leifl Willerd, of Concord, & Peter Noyce, of Sudberry, shalbe comission's
to veiwe & survey y* medows or plaine lying upon their ryver, & have hereby
power given *them to set some order, which may conduce to the better im- [*71-]
pveing of the said medow, & saveing & ^serving of the hay there gotten,
eith' by draining the same, or otherwise, & to pportion the charges layd out
about it as equally & iustly (onely upon those that oweth the land) as they in
their wisdomes shall see meete.
Robert Saltonstall, gen^, complainant by petition, on the behalfe of S'
Eich'd, his fath', ag* y* towne of Watertowne, the cause being heard & voted,
the order was entered for the complainant.
The deputies of Watertowne, after the order was entered, tooke excep-
tion against it, alleadging y* y* maior part of y« magistrates did not vote for
y* complainant.
VOL. II. V2
13 NoTember.
^0 THE RECORDS OF THE COLONY OF
16 4 4. It was hereupon put to y* vote of y^ Co't, wheth' y* said order should
not be iudged to be good & effectually hotwithstanding the allegation ; and the
vote was, that it should stand good.
Upon the petition of Sarah Barnes, it was thought meete the fine should
be respited till her husband retume againe into y* country, unlese there
appear a competent estate in y" hands of William Adis to discharge this fine,
beside y* small quantity of come, w^** is in y* hands of y« said Adeis of the
petitioners.
It is ordered, y* y® rent due for y* ferry fro" Boston to Winnetsemett
shalbe remited, & for y* time to come, y* y* said ferry men, in leew of their
rent, shall (till the Co't take furth' order) carry over all y* magistrates & depu-
ties freely, w^** their necessary attendants, at all times.
William Knop his fine of 5* is abated to 20sh\
Upon M" Stoughtons petition, it was answered, y« Co't conceiveth they
have not power to call M' Stoughtons creditors in question ; but if they will
pay it into y* treasury, it wilbe received.
Thomas Richards case is thought doth more pply belong to y« Co^ of
Assistants, to w^*^ hee is referred, unlese he were denied iustice in y* same.
590- y^^ It is ordered, that at Waymoth ferry every single pson shall pay 2* for
y. his passage.
Henry Vaine is abated halfe of his fine, if so hee satisfy y* oth' halfe to
y* Treasurer w***in two months. •
For answer to Thomas Mourtons petition, y* ma*"**" have called him pub-
liquely, & have layde diverse things to his charge, w^*^ hee denies ; & therefore
they thinke fit y* further evidence be sent for into England, & y* M' Downing
may have instructions to search out evidence against him, & hee to lye in
prison in y* meane time, unlesse hee find sufficient bayle.
[*72.] *It was put to vote, ? so many as iudge that the goods carried a shore out
of the ship GiUifrower, & put into the custody of the Co't, are y* security of
M' Pilgrime, m' of y« said shipe, & to bee paid here out of y* same. Y*
maior vote was, not to bee paid here ; but it was stoped by a negative vote of
the deputies.
691— Answers of the Rev'end Elders to certeine Questions ppounded to them.
Q:F:
Whether the ma*™*** are, by patent and elections of the people, y* standing
councell of y* comon wealth in y* vacancy of y* Gren'all Court, & have power
accordingly to act in all cases subiect to government, according to y* said
patent, & y* lawes of y* iurisdiction ; & when any necessary occasions call for
action fro™ authority, in cases where there is no pticuler expresse law pvided.
THE MASSACHUSETTS BAY IN NEW ENGLAND. gi
there to be guided by y* word of God till y* Gen'all Co't give pticuler rules 16 4 4.
in such cases. 2. 5. A, 1644. ~ ^ ^^
The ma*"*** are, by patent & election of y* people, y® standing councell j^ . « .
of y* comon wealth, in y* vacancy of y* Gen'all Co't, & accordingly may act,
in all cases pteining to govemm*, according to y* patent, & laws made by y*
said Gren'all Co't of this iurisdiction. This answer is grounded upon sundry
passages in y* said patent, as pa : 10, w' it is said y* y« Govern', Deputy
GovV, & Assistants shall apply y™selues to take care for y* best dispos^ &
ordering of y" gen'all businesses & affaires of, for, & concerning y* lands &
^hnises, & y* plantation thereof, & y* govemm* of y people there. Also,
pa: 11, it is said y* y® Govemo% Deputy Gov'no', & Assistants, or any such
number of y™ as y' is ex^ssed, shalbe a full & sufficient Co't for y* handleing,
ord'ing, & despatching of all such businesses & occurrences as shall fro™ time
to time happen touching or concerning y* said Company or plantation. And
it is said, pa : 12, y* it is in y® power of y^ Gen'all Co^'t to make laws & ordi-
nances for y* good & welfare of y* Company; &, pa: 18, they may make &
establish wholsome lawes, statutes, & ordinances for y* settleing of y* formes
& ceremonies of gov'nm* & ma**^*, & for manadging & stiling of all sorts of
officers, supio' & inferio', & for y* distinguishing & setting fourth of y« sev'all
duties, powers, & limits in ev'y such office & place. 2. "Wee do not find y* 2.
by y* patent they are ex^sly directed to pceed according to y* word of God ;
but wee und'stand y* by a law or liberty of y* country they may act in cases
wherein as yet y' is no ex^sse law, so y* in such acts they pceed accord* to y*
word of God.
Wheth' y* Govti' & Assistants have any pow' by patent to dispence ius- qu.
tice in y* vacancy of y* Gen'all Co't, w***out some law or ord' of y* same to
declare y* rule.
We do not find in y* comon wealth now constituted by y" patent, y* y* An.
Gov'n' & Assistants have any pow' to dispence iustice, in y* vacancy of y*
Gen'all Co't, w***out some law or order of y* same as y« rule of their adminis-
tration, w** wee conceive it were meete to be ex^sse, for y^ regulating of all
pticul's, as farr as may be ; where such cannot be had, to be supplied by
gen'all rules.
Wheth' any Gen'all Co't hath not pow', in pticuler cases, to choose any Qu.
commission'', eith' Assistants or freemen, exempting all oth", to give y" com-
mission to set forth their pow' & places ; by any gticul' case wee meane in
all things & in y« choyce of all offic" y* y* comon wealth stands in need of,
between election & election, not taking away y* peoples liberties in elections,
tior turning out any offic' so elected by y" w***out shewing cause?
83 THE RECORDS OF THE COLONY OF
1644. If y^ tearmes (all things) imply or intend all cases of constant iudicature
^ ~ & counsell^ wee answere negatively, vizj, that y* Gen'all Cot hath not power
13 November. , ....
j^ by patent in all such cases to choose any offices or comission", eith' Assistants
or freemen, exempting, y* is, excluding, all oth", to give y™ commission to set
forth their power & places, because it would y° follow y* y* ma*"*^ might be
excluded fro" all cases of constant iudicature & counsell, w*** are their
principle worke, w'by also y* end of y* peoples election woiJd be made
frustrate.
r*73.] *But if these tearmes (all things) imply & intend cases, wheth' occasional
g, or oth's, belonging neith' to constant iudicature nor counsell, wee answ'^ affir-
matively, vizJ, the Gen'all Co't hath pow', by patent, in such pticul' cases, to
choose any offic" & coiiiission's, eith' Assistants or freemen, exempting all oth's,
• to give y" commission to set forth their pow' & places ; w*'** yet wee und'stand
w*** y' distinction, vizJ, that if y® affaires comitted to such offic" & comission**
be of gen'all concemm^ wee conceive y* freemen, according to patent, are to
choose y™, y" Gen'all Co't to set forth their pow' & places ; but if y® affaires
comitted to such offic" or comission'* be of meerly pticuler conc'nm^, y*^ wee
conceive y« Gen'all Co't may both choose y™ & set forth their power & places.
Whereas wee give cases of constant iudicature & coimsell to y* ma**^, wee
thus interpret y® word counsell : counsell consists of care & action ; in respect
of care, y® ma*'*** are not limited ; in respect of action, they are to be limited by
y« Gen'all CVt, as y* su^me counsell. Finally, it is o' humble request, y* in
case any difference growe in y* Gen'all Co't between ma*'*** & deputies, eith*
in these or any like weighty cases, w*'** cannot be ^sently issued w*** mutuall
peace, y* y° both pties wllbe pleased to deferr y* same to furth' delib'ation, for
y* bono' of God & of y« Co't 12 9 A, 1644.
Qn. 1. Wheth' y* deputies in y* Gen'all Co't have iudiciall and magistraticall au-
thority ?
Qar2. Wheth' by patent, y® Gen'all Co't, consisting of ma*'*** & deputies, as a
Gen'all Co't, have iudicial or magistraticall authority ?
An. 1. The patent, in ex|?sse words, giveth full pow' & authority as to y*
Gov'n' & Assistants, so to y® free men, also assembled in Gen'all Cot
Pa: 11.
2. 'Wherciis y' is a S fold pow' of magistraticall authority, legislative, indica-
tive, & consultative or directive of y® publick affaires of y* country for pvision
& ptection, y^ first of these, namely, legislative, is ex^ly given to y* freemen,
ioyntly w*** y® Gov'no' & Assistants, pa : 12. Consultative or directive pow' of
y* publick affaires of y® coinon wealth, for pvision & ptection, is granted also
by patent to y' freemen, as to y* Governor & Assistants, pa : 18. But now for
THE MASSACHUSETTS BAY IN NEW ENGLAND. 93
pow' of iudicature^ if wee speak of y^ constant & nsuall administration thereof, 1644.
wee do not find y* it is granted to y* freemen or deputies in y* Gen'all Cot, ~ ^ ^
13 November.
eith' by-y* patent, or by y* election of y* people, or by any law of y* country.
But if wee speake of y* occasional! administration thereof, wee find
pow' of iudicature administrable by y* freemen, ioyntly w*** y* Gov'n' &
Assistants, upon a double occasion ; first, in case of defect or delinquency of a
ma*^**, wee find y* whole Gen'all Co't, of Gov'n', Deputy Go :, Assistants, &
freemen, may pceede to remove him. Pa : 12.
If, by y* law of y* country, y' lye any appeale to y* Gen'all Co't, or any 2.
oth' speciall causes be reserved to their iudgm*, it will necessarily inferr y* in
such cases, by such laws, y* freemen, ioyntly w*** y* Gov'no' & Assistants, have
pow' of iudicature, touching y* appellants & cause of y* appeale, & those
res'ved cases.
What wee speake of y* pow' of freemen, by patent, the same may be said
of y* deputies, so far forth as y* pow' of y* freemen is deligated to y™ by
order of lawe.
Wheth' wee may warrantably ^scribe cteine penalties to offences w*^ may Qu. 3.
pbably admit variable degrees of guilt ?
Wheth' a judge be bound to pnounce such sentence as a positive law Qu. 4.
Pscribs, in case it be apparently above or beneath y« meritt of y* offence ?
Certeine pocnalties may & ought to be ^scribed to capitall crimes, al- An. l.
though they may admit variable degrees of guilt, as in case of murth', upon
Ppensed malice, & upon sudden pvocation : y' is pscribed y« same death in
both, though murth', upon Ppensed malice, be a far greater guilt y" upon
suddainepvocation. Num. 35: 16, 17, 18, w"» v' 20, 21. Also in crimes of
lesse guilt, as in theft, though some theft be of greater guilt y" oth', (as for
some man to steale a sheope, who hath lesse need, is of greater guilt y*^ fi>r
anoth', who hath more need,) y* Lord ^scribed y* same measure of restitution
to both. (22 Exod. 1.) 2. In case y^ variable circumstances of an offence do 2.
so much vary y* degrees of guilt as y* y* offence is raised to an higher nature,
y* y« poenalty must be varied to an high' answ'able pportion ; y* striking of a
neighbo' may be punished w*** some pecuniary mulct, w° y« striking of a fiith'
may be punished *w^ death ; so any sinn comitted w"* an high hand, as y* [*74.]
gathering of sticks on y* Saboth day, may be punished w*** death, w" a lesser
punishm^ might serve for gath'ing sticks privily, & in some neede.
In case circumstances do so vary a sinn as y^ many sinns are complicated 8.
or wraped up in it, y* poenalty is to be varied according to y* pocnulties of
those sev'all sinns. A single lye may be punished w*** a lesse midct y* if it be
tould before y* iudgm^ seate, or elsewhere, to y* damage of any pson, wheth' in
.18 Noyember.
94 THE KECORDS OP THE COLONY OF
1 6 4 4« his good name by elaimd'^, or in his estate, by detrim* in his comerce^ in w***
case a lye, aggravated by circumstances, is to be punished, w*** respect both to
a lye & to a slander, & to y« detrim* w®** another sustaineth thereby.
4. In case y* y* circumstances w*** vary y* degrees of guilt conceme only y*
pson of y* offender, (as wheth' it was his first offence or customary ; wheth'
hee was enticed y'to, or y* enticer; wheth' hee were principall or acces
sary ; wheth' unadvised or witting, & willing, ^6,) there it were meete y* y*
pocnalty should be ex^sed w**' a latitude w'of y* lowest degree to be ex^ssed,
suppose 5% or, as y* case may be, 5 stripes, & y* highest degree 20*, or 40%
or stripes more or lesse, w***in w*^ compasse or latitude it may be free to a
ma*'*^ to aggravate or mittigate y* poenalty, as y* circumstances do aggravate or
alleviate y* offence ; yet even here care would be taken y* a ma*"*** attend in
his sentence as much as may be to a certeine rule in those circumstances, lest
some pson, whose' sinns be alike circumstantiated w*** another, if his punishm^
be not equall y* one w**' y« oth', one may thinke himselfe more unequally dealt
6. w***all y* anoth'. 5. In these cases w'in a judge is pswaded in conscience y* a
crime deserveth a greater punishm* y** y* law inflicteth, hee may lawfully
pnounce sentence according to y^ ^script pocnalty of y* lawe, because hee hath
no pow* comitted to him by lawe to go higher ; but w' y* lawe may seeme to y*
conscience of y* iudge to inflict a greater penulty y** y* offence deserveth, it is
his p* to suspend his sentence till, by conference w*** y* lawgivers, hee find
6. liberty eith' to inflict y* sentence or to mittigate it 6. Y* peniJties of great
crimes may sometimes be mitigated by such as are in cheife pow', w***, in y*
country, is y« Gen'all Co't, out of respect to y* publick good service w** y«
delinquent hath done to y* state in form' times. So Solomon mittigated y*
punishm* of Abiathar, for his service done to his fath' form'ly. (1 Eling, 2:
26, 27.) 13 9 A, 1644.
Qa. 1. Wheth' y* distinction of pow' of authority in y* ma****", & onely lib'ty
of counsell in y* people, be according to y* patent w*** respect to y* ma*'*** &
deputies in y* Gen'all Co't ?
An. Wee conceive y* by patent, as y* people have liberty of counsell, so they
have also oth' pow' of authority in such manner as wee have ex^sed in o'
answ' to y* 2 first questions sent unto us by o' hono'ed ma*"**.
Qu. 2. Wheth' y* Gen'all Co't, consisting of ma*'***" & deputies, be not y* cheife
pow' of y* coiiion wealth ; & to describe y* pow' of magistracy, & prescribe
laws to all, & do all oth' acts w®** belong to such a power ?
An. The Gen'all Co't, consisting of y* ma*'*** & deputies, is y* cheife civill
pow' of y* comon wealth, so as to describe y* pow' of y*. magistracy, & to
pscribe (in a civill way) lawes imto all not repugnant to y* lawes of God, nor
THE MASSACHUSETTS BAY IN NEW ENGLAND. 9g
to y* patent, nor to y« fundamHdl laws & liberties established in y« comon wealth, 16 4 4.
& accordingly may do all oth"^ acts w«** belong to such a power, as, namely, '""^"^^'""^
both acts of counsell tending to y* pvision, & ptection, & welfere of y* whole
body, & also acts of iudgm*, so farr as (according to our answ' to y* 2 form'
questions of o' honored ma*"***) is by y* patent or choice of y* people, or by y*
laws of y* comon wealth, reserved to y™ & seated in them.
Wheth' o' gov'nm* be a pure aristocracy, or mixt w*** a democracy ? K Qu. 3. i
mixt, wheth' it should not be mixed in all administrations of y« same ?
O answ' is, not a pure aristocracy, but mixt of an aristocracy & democ- An. l.
racy, in respect of y* Gen''all Co't. 2. Notw**>standing it be mixt in y« Gren-
'all Co't, yet it followeth not necessarily y'upon y* it should be mixed in all
oth' Co'ts & administrations y'of, because o' forme (as all oth' formes of
civill govemm*) *is y« ordinance of man ; therefore, as it was free to make it [*75.]
mixed or simple, so also to make it mixed in y* Gen'all Co't, & unmixed in
others, according to y* pleasure of the ordayn" thereof. Accordingly, o' patent,
notw**»standing it hath made o' gov'nm^ mixed in respect of y* Gen'all Cot,
yet it seemes to have instituted subordinate administrations of iustice, to be
aristocratically dispensed by y* Co''t of Assistants ; yet even in these Gov'ts there
is some place for a democraticall dispensation in respect of y* iurors. 13 : 9
A, 45.
It was voted, & all the answers given in by the reverend elders to the
severall questions were approved iust & true answers to satisfeu^tion, except
such as are not put to vote.
That the Assistants have no power to act in iudicature w^ut some law P^. i.
of the Gen'all Co't to declare the rule.
That y* Assistants have no power to act in iudicature w***out some lawe Eid'i app».
eith' pticulerly ex^ssed, or in gen'all tearmes, in defect thereof, enacted by y*
Gen'all Co't as y* rule of their administration.
That y* Gen'all Co't, consisting of ma**^ & deputies, is y* cheife civill Ptw. 2.
pow' of this comon wealth, & may act in all things belonging to such a pow'
conc'ning counsell & iudicature, namely, for making lawes, receiving appeales,
quaestioning & sentencing y« highest offic's, & consulting about y* weightiest
affaires of this comonwealth, & in all oth' cases w*** in their wisdome they
thinke fit to take cognisance of
That y« Gen'all Co't, consisting of ma*'**** & deputies, is y® cheife civill Eid'«.
pow' of this comon wealth, & may act in all things belonging to such a power,
both conc'ning counsell in consulting about y* weighty affaires of y* comon
wealth, & concerning making of lawes ; also conc'ning iudicature in orderly
impeaching, removeing, & sentencing any offices, even y* highest, according to
96
THE RECORDS OF THE COLONY OF
16 4 4. lawe ; likewise in receiving appeales^ wheth' touching civill or criminall caseff^
wherein appeales are or shalbe alowed by y* Gen'all Co't
That no ma*"** hath pow' to vary from y« poenalty of any lawe, eith' to
mittigate or exceede y* same^
That no ma***** hath pow' to vary fro" y* pcenalty ex^sed in any lawe>
eith' to mittigate or exceede y* same, w***out consulting w*** y* Gen'all Cot
That y* patent, in ex^se words, giveth full pow' & authority, as to y*
Gov'n' & Assistants, so to y* freemen also assembled in y* Gen'^all Cot
That y* full power, w^** is described by y* patent, & granted to y* Gen'all
Co't, is given not onely to y* GoVn' & Assistants, but also to y* freemen
there assembled, & acting w*** comon consent.
That c'taine pccnalties may, & ought to be, ^scribed in div'se cases^ [al-]
though y* offences admit of variable degrees of gidlt.
That c'teine pccnalties may, & ought to be, ^scribed in div'se [cases], al»
though y* offences admit of variable degrees of guilt
[Page 76 is blank.]
18 NoTember
PTK). 3.
Eld's.
P^po. 4.
Eld's.
PT?o. 5.
Sldi.
1645.
^M a CoH ofEUctum, at Boston^ the 14"^
of the 3^ Month, i
U May.
P'SENT, The Gov'n^
M' Bradstreete,
[•77.]
¥• Deputy Go :,
Increase Nowell,
k J
M' Endecott,
M' FHnte,
M' Pelham,
M' Pinchen,
M' Bellingha°»,
M' Hibbens,
M' Saltonstall,
M^ Symonds.
M' Winthrope, lu :,
Deputies ^ent,
M' W°» Hathome,
M' Sa : Sheogd,
M' Hen : Bartholomew,
M' W"» Hubberd,
Leif? Ea : Sprage,
Joseph Meadcalfe,
Thom: Line,
M' Ri : Dumer,
Leifl Duncan,
M' Edw^ Rawson,
S'g* Atherton,
Leif? Tory,
Maior Gibons,
M' Bo : Allen,
Cap? Keayne,
Josua Hubb'd,
John Johnson,
Leif : WiUerd,
Willi : Parks,
M' Sa : Winslye,
Capt Jenings,
Capt Wiggen,
Leif? Mason,
Leifl Howard,
Cap? Briges,
John Heiward,
Capl Cooke,
Pet' Bracket,
THE MASSACHUSETTS BAY IN NEW ENGLAND. ^97
Samu: Basse, * M' Prich'^d, 16 4 5.
M' Carlton, Leif : Johnson, t -'
Math : Boyce, M' Sparhauke. U}Uf.
Edw* Goodenow,
THOMAS DUDLEY, Es^^, was chosen GovV, & tooke his oath.
John Winthrope, Es^, was chosen Deputy Gov', & tooke his oath.
John Endecott, Es^, was chosen Assistant, & tooke his oath.
!Rich'd Bellingham, Es^, was chosen ^sistant, & tooke his oath.
!Rich'd Saltonstall, Es^, was chosen Assistant, & tooke his oath, 22 3 i&.
M' John Winthrope, Iiini :, was chosen Assistant, & tooke his oath.
M' Symon Bradstreete is chosen Assistant, & tooke his oath, 19 3 i&.
Licrease Nowell is chosen Assistant, & tooke his oath.
M' Thorn : Flint is chosen Assistant, & tooke his oath, 19 3 i&.
M' Willi : Finchin is chosen Assistant, & tooke his oath, y* S'*' 6**" A.
M' Willi : Hibbens is chosen Assistant, & tooke his oath.
M' Samu : Symonds is chosen Assistant, & tooke his oatL
M' Harbert Felham is chosen Assistant, & tooke his oath.
John Endecott, Es^, was chosen Sergent Maior Gen'all.
M' Rich'd Russell is chosen Treasurer. «
Increase Nowell is chosen Secretary.
It was ordered, y* 2 boates should be sent to y« ship anchoring or hov'ing
neare y* shore, to know what shee is, & w* shee intends.
Hugh Giinnison & Susan Hudson were denied to draw wine.
Hingham busines was hard : a petition was pduced und' the hands of 81,
wherein they complained of their liberties infiinged. Josua Hubberd & John
Foidcher did complaine against y* Deputy Govemo', the first for binding him
& others w*** sureties to appeare at the Quarter Co't, the other for being comitted
for refiiseing to give his owne band for his appearance.
Edward Bircham is chosen & alowed to be clarke of the writs at linn, &
to record marriages, births, & deaths there.
Thomas Layton is granted liberty to drawe wine for one yeare at
Tiinn.
Thomas Layton, Edward Bircham, & Thomas Futman are chosen to end
small controversies in linn.
M' Samu : Dudley, Samu : Winsley, & Bol/t Fyke are chosen to end
small controversies for this yeare in Salsberry.
Capt Ferkins, Willi : Tory, & John Whiteman are chosen to end small
controversies in WaymotL
Hugh Grifiln is chosen & allowed clarke of the writts in Sudberry.
VOL. II. 13
i>8 THE RECORDS OP THE COLONY OF
UKiqr.
1 6 4 5. Hugh Caulking^ Thomas Smyth^ & Obedia Brewen are chosen to end
small controversies in Glocester.
John Russell is chosen & alowed clarke of the writs in Cambridge.
Philemon Dalton hath authority to see people many at Hampton.
M' Edward Woodman, M' John liOwle, & Rich'd Ejoight are chosen to
end small causes under 20" in Neweberry.
M' Rach'd Browne^ Leifl Mason, & Ephraim Child are chosen to end
small causes in Watertowne under 20sh*.
Rich'd Wooddy, Senior, is granted to drawe wine in Roxberry, pvided
hee take y* wine y* Cap? Welds wife hath bought, & pay her for it so much
as shee hath sould y® rest of it for to him, in such pay as was made for y^ wine
to y* merchant
John Whiteman is confirmed ensigne of the company at Waymothr
It is ordered, y^ y^ maior gen'all shall haye y^ like comission und' y* seale
y* y« form' maior gen'all had.
[For the names of those made free 14 May, 1646, and entered in the margin of pages 78 and 79, see
the list at the end of the yolume.]
[•78.] ♦Thomas Caule is alowed to keepe victualing in his house for Strang's.
Coficord rates are to be considered by such as are appointed to asses y*
townes.
Rob't Turner is granted y® 15* or 16* in hands of FranS Smythj card-
maker, pvided y* money is not already disposed o£
It is ord'ed, y* in y« entry of Watertowne oflBc's, Mason should be put
insteed of Bartlett, to be their leiftenant
Ralph Haywood is remitted iOsh* of y« 5* w*^ he was to pay for his boy ;
y* 8* M' Hathom & Hen : Bartholomew have und'tooke to pay by y* 22**^
Capf W"' Perkins is granted his 400 ad of land next Roxb*^ & Ca:
Keaynes farmes.
It is ord'ed, y^ John Mileham & Thom : Lake shall take a true inventoi^
of y® goods in y* ship Rainbowe, & belonging to her, & safely bestowe y"^ in
some sellar, togeth' w*** y* sailes & oth' moveables in y« saSd ship, & retume y*
said inventory & key of y* sellar to y® Co't, w*** what convenient speed may
be ; also to inquire after any goods V* may already be come a shore, w*** are
to be bestowed w**' y« oth'. ^
James Fenn is Ucensed to draw wine for so long time as hee kepes in.
t'tainem* for y* Co't in Boston, eith' at y* house w' y« Co't now sits or w' they
shall sit hereaft^
It is ord'ed, y* y* coopers of oth' townes be sent to, y* such as desire to
ioyne w*** y« coops of Boston, about being a company, & invested w*** pow' to
THE MASSACHUSETTS BAY IN NEW ENGLAND. 99
UMay.
regulate things in y*' trade^ may come into y* next session of y* Co% &^ve 164 5.
their advice^ or signify their thoughts hereabouts.
Whereas comission was granted^ by order of y* Co't, to Harbert Pelham,
Es5^, M' Thorn : Flint, Leifl Willard, & Peter Noyse, in nature of a commis-
sion of sewers, for y* bett' ^ & impving of y* medowe ground upon y«
ryver runing by Concord & Sudberry, it is now declared, y* y« intent of y«
Co't was, y^ if all y* said comission" should not meete upon any occasion, yet
any three of y™ might pceed according to y* said ord'.
W" Fiske is appointed clarke of y* writs for Wenham.
M' Noyse, Walter Hayne, & Willi : Ward are appointed to end small
causes in Sudberry, for y* yeare ensuing.
Whereas it is conceived y* y* training up of youth to y* art & practice 590-
of armes wilbe of great use in y" country in divers respects, & amonge y« Training
youth.
rest y* y* use of bowes & arrowes may be of good concemm*, in defect of
powder, upon any occasion, it is therefore ordered, y* all youth w*Mn this iuris-
diction, from ten yeares ould to y* age of sixeteen yeares, shalbe instructed, by
some one of y* offic's of y® band, or some oth' experienced soiddier whom y*
cheife officer shall appoint, upon y* usuall training dayes, in y« exercise of
armes, as small guns, halfe pikes, bowes & arrowes, ^, according to y* discre-
tion of y^ said officer or souldier, pvided y^ no child shalbe taken to y* ex'cise
against y** parents minds ; y* ord' to be of force w"*in one month after y*
publication hereof
The petition's about y* cargo of y« ship Bainbowe being come to agreem'
among y^selues, & haveing given security to be responsall (as y^ Co't shall
ord» upon y* triall) for what shalbe deliv'ed to y", y* Co^ doth conceive
it reasonable y* y* wines (w*** oth'wise will tume to damage) be deKv'ed to
them.
John Johnson is granted 40^ for his service done y* country diverse yeares
past, w**' 40* he is to receive (according to his own pposition & request) out
of such debts, w** he is privy to, y* are oweing to y* country, w*^ are in-
trusted w**^ him by y* country.
It is ord'fed, y* M'^ Bradstreete & M' Hathome shall have alowed to y***
(out of y" next country rate) what they have not received of y* 12* 15* 4*, ex-
pended upon y* ioumy to Conectecot, viaj, by M' Bradstreete 6. 11. 7*, & by
M' Hathome 6. 8. 9<*, w'of M' Bradstreete hath rec** 3*, so y* is due to him
8* II" 7*, & M' Hathore hath rec* 2* 14sh% of y* said sume resteth due
In answ' to M' Eob't SaltonstaU his petition to have y« ord' for medowe
for his fath', S' Eich'd, explained, it is conceived y® order doth sufficiently
100 THE RECORDS OP THE COLONY OF
16 4 5. expftine it'selfe ; y* S' Rich : Saltonstall shall have a true title to y« land in y*
'^'^'^y^'^ towne of Watertowne, w*^ he shall pve to have bene mowed by him or his
agents foure yeares togeth', & no other.
M' John Whitingham is confirmed leiH at Ipswich, ace** to y** choyce.
[*79.1 *Thomas Howlet is confirmed ensigne at Ipswich, ace® to y*' choyce.
590- y It is ord'ed, y* no man shalbe alowed to keepe publike houses of inter-
ims. / tainm* for Strang" or travellers, nor shall any one be a comon victualler, in-
^Q^y^, keeper, or keeper ot a cookes shop, vintner, tavemer, or publike seller of wine,
ale, beare, strong water, w***out alowance in some Q't'^ Co't in y« sheire wheire
such do dwell, upon paine of forfeiture of 20" p weeke while they continue
w*N)ut y* said licence ; nor shall any such pson as have publike houses of int'-
tainem^ & have licence, sell beare for aboue 2* an ale q't ; neith' shall an^
such pson or psons form'ly named suff^ any to be dnmke or drinke -excessive-
ly, or continue tipling above y* space of halfe an hour in any of y^'said /
houses, und'^ poenalty of 5* for ev'y such offence suffired ; and ev'y pson
founde dnmke in y® said houses or elsewhere shall forfeit 10", & for ev'y ex-
cessive drinking he shall forfeit 3. 4^ ; for siting idle, & continuing drinking
above halfe an houre, 2* 6^ ; & it is declared to be excessive drinking of wine
when above halfe a pint of wine is alowed at one time to one pson to drinke ;y
pvided y^ it shalbe lawfull for any Strang's, or lodgers, or any pson or psonli,
in an ord'ly way, to continue in such houses of comon intertainem* dureing
meale times, or upon lawfull busines, what time their occasions shall require.
It is further ord'ed, y* ev'y inn keeper shall pvide for intertainm* of Strang's
horses, haveing one inclosure for sumer, & hay & pvender for winter. And
if any pson offend in dnmkennes, excessive or long drinking, y* second time,
t p»y. they shall flay double fines, & if they fiill into y* same offence y* third time,
they shall pay treble fines ; & if y* pties be not able to pay y* fines, y** he y* is
found drunke shalbe punished w^ ten stripes, & he y* offends in excessive
or long drinking, hee shalbe put in y* stocks for three houres w** y* weather is
seasonable, & if they offend y* 4**^ time, they shalbe put into prison, & there
remaine till they put in two sufficient sureties for their good behavio'.
Further, it is ord'ed, y* any one ma*'**®, w*^in y*' sev'all sheires, may
hear & determine any offence or offences against y* ord', & upon due convic-
tion by veiwe of y* ma*'*'*, by two witnesses, or confession of y* partye, to
ievye y* said sev'all fines by a warrant to y* cimstable for y* end, who shalbe
accountable to y* Treasurer of y* sheire for y* same.
591— Whereas it is found, by too comon & sad expience in all pts of y* col- •
Labo'en not to ^j^y^ yt y« forcing of labo'ers & oth' workmen to take wine in pay for y' labo'
take wine.
is a great nursery or ^parative to drunkennes & unlawfull tipling, occasioning
Y:
THE MASSACHUSETTS BAY IN NEW ENGLAND. 101
y* private meetings of pfane psons, whereby youth is drawen aside to lewd- 1 6 4 5t
^les, y* good creature of God notoriously abused^ y* harts of good people much ' ^ ~"
sadened^ y* pfession of religion scandalized, & y* Lord greatly dishonored, it
is therefore ord'ed & ordained by y" Co't, y* no laborer or workman whatso-
ev' shall, aft' y* publication & pmulgation hereof, be inforced or ^sed to tak^ .
wine in pay for his labo' ; & for forth' ^vention of y* aforesaid enormities &
unlawfull tipling, & excesse of drinking, it is hereby furth' ordained y* no
laborer or workman whatsoev', aft' y* 10"* of July next ensuing, und' w*
ptence soev', shall sell wine, or make paym* of any debt therew***, eith' by Workmen not
retaile or otherwise then in y* same peece he takes y* same ; & if any such
pson or psons shall, notw***standing, offend, contrary to y* order, shall forfeite
& loose 2* for ev'y quart of wine so sould & disposed of
It is conceived John Eales should be placed in some convenient place,
where he may be implied in his trade of beehive makeing, ^6 ; & y* towne of
Newberry to make up what his worke wanteth of defraying y' charge of his
livelyhoode.
The Co't, consid'ing of y* difficulties y* such meete w*^ y* make pvisions Con dyot
for y* Co't, at his motion who now maketh pvision for y* same, for some such
pportionable pay to be made him out of y* next country rate as may enable
him comfortably to go through w*** y* w*^ he is called to, & may be expected
from him, do order, y* w*8oev' charge for dyet shalbe expended for y* time to
come by y* psent *session of y* Co't, it shalbe satisfied by y« sev'all townes, [*80.1
according to their equall pportions, in cattle, wheate, mault, or barly, w***in
three months from y« date hereof. Dated y* IB*** 4*** A, 1645.
This Co't, being sensible of y« many publike imploim*^ y* y« ma****" are SOS-
called to, (w«^ dayly increaseth, & w*** necessarily occasioneth much expence J/**^^^^
of their time, to y* piudice of y^ families & estates, knowing also y* straitnes free,
of things in y« country, & y* iust care y* this Co't ought to take to see y*
none be imequally burthened, or discouraged fro"* doing s'vice to y* country
in such places as they may be called to,) do therefore hereby order, y* such
as are chosen y* yeare to y* place of an Assistant, & so those y^ shall hereaft'
be chosen thereunto, shall have five hundred pound estate alowed to each of
y™, rate free, both from towne & country levyes, for y* space of three yeares,
pvided y* in case any such Assistant shall be left out (at y* day of election, or
otherwise) w***in ye said tearme of three yeares, y* y"* such Assistant so left
out shall not claime y* benefit of this order for so long time as hee is so dis-
charged of being an Assistant : & y* y' may be an equall, iust, & impartiall
hand carried to each towne in y* bearing of y* Assistants said alowance, it is
furth' ord'ed, y* all such towne and country rates as shalbe equally & ppor-
102 THE RECORDS OF THE COLONY OF
UMay.
16 4 5. tionably laid upon y« estate of any Assistant (to y« valewe of 500*, as afore-
said) shalbe paid out of y* treasury, by vertue of a ticket to be sent by y*
cunstable of y' said towne unto y« Treasurer, signed & subscribed by such,
said Assistant or Assistants whom it doth conceme, according to y* true intent
& candid meaning of this order.
Edw: Hutch- The traine band of Boston haveing made choyce of M' Edward Hutchin-
son to be y^ ensigne, he is confirmed in y^ place.
It is conceived y* estate of linn should be considered by y* committee
y* shalbe chosen for y« sessing of y« sev'all townes their due pportions to y*
next country rate.
Rob't Beacham his petition is not conceived fit to be granted.
An8» to M" In onswere to M" Philips petition, it is conceived equall, (as y* case stand*
^«-^'*- eth,)y*r iudgm' givea to r widow Howe may be satisfied by lands, or goods,
or pt of one, & pi of oth% as y« guardions of y« children, w**^ theire owne con-
sent, shall accept of; & such lands as shalbe passed over to y^ widowe Howe,
or to y* children, for satisfcwtion of y* said iudgm*, upon acknowledgm^ of y*
petitioner & y* said gardions before any ma*™**, shalbe recorded by y* recorder
of Boston, & so shalbe a good estate of inheritance to y™ against all men ;
pvided, y* y* petition^ w"* y« gardions of y« children, w**^ their consents, can-
not agree to sequester such land or lands & goods as may secure widowe Howe,
y* y" y iudgm* given to y widowe Howe shalbe satisfied according to law, in
y* case pvided.
Jn* Bum It is ordered, y* y® Treasurer should pay John Busse, due for ferrige of
• y« ma*™** to Dover, & demand y* one halfe of y* Treasurer of Dover.
Country trmea. It is ordered, y* all such as received any copies of notes deliv'ed in by y*
gen'all survey* of w* armes y** townes stand charged w*** should send in y*
same, or true copies thereof, to y^ said gen^rall surveyor, at Rich : Fairbanks
house, w***in a fortnight after y* end of y* session.
20»tob€alowed It is ordered, 20* should be alowed y* towne of Sudbury toward y* finish-
bridge!^ "^ ^^ their bridge, & way at y* end of it, to be paid y™ when they shall have
made y* way passable for loaden horses, so it be done w*^in a twelue month.
Salt peeter. It is ord^ed, y* all meanes may be used for y^ psecuting & quickening y*
order made about salt peter, & y* Edmond Gardner shall have 40" alowed him
by y* towne of Ipswich, w*** 40sh" should be paid by y* delinquents, & not by
those who have observed y* order of y* Co't
[•81.1 *The meadows desired by Excetter, none appearing to chaleng any ppriety
in y™, it is not thought meete to meddle w*** them.
John Legatt is granted to be clarke of y^ writs at Excetter.^
THE MASSACHUSETTS BAY IN NEW ENGLAND. 103
Antho : Staniard^ Bob^ Smyth^ & John Legatt are appointed to end small 16 4 5.
businesses at Excetter. ^ ~
— 14 May.
Whereas the sume of 40^ was by this Co't given, to John Johnson^ in
reference to his service (to y^ country) past^ & for asmuch as some part of
those moneys, y^ were assigned for him, y Treasurer hath received, it is
therefore ord'ed^ y* y* said John Johnson shall gath' up all those monyes for-
m'ly assigned to him^ & what it shalbe short of, y* said John Johnson is to
receive of y« Treasurer, pvided y* hee shall give in iust account (ye next
Co't) of whom & how much he hath received of those monyes form'ly assigned
him.
Whereas great losse & damage doth befall y* comon wealth by reason of 593-
wolues, w®** do destroy so great numVs of o' cattle, & (notw*^standing pvision ^o^^^^^-
bath form'ly bene made by y* Co't for supposing of y", we find little hath bene
done y* way) for y* bett' incuraging of any to set about a worke of so great
concemm^^ —
It is therefore ord'ed, y^ any pson, eith' English or Indian, that shall kill Wokei.
any wolfe or wolues w^in ten miles of any plantation in y* iurisdiction, shall
have for every wolfe by him or y" so kiled lOsh", to be paid out of y« treasury
of y* country ; pvided, y* d[ue] pofe be made thereof unto y* plantation next
adioyning, where such wolfe or wolves were killed, & also y* they bring a cer-
tificate tmd' some ma*~** hand, or y« cimstable of y* place, unto j* Treasurer ;
pvided also, y^ y* ord' doth onely intend such plantations as do contribute to
publike charge, & for such plantations upon y* river of Fascataq, y* do not
ioyne w^ us to carry on publike charge, they are to make payment upon their
owne charge.
The ord' for alowing S q'ts of wine, or a bushell of Indian come, to any Orde* as to 3
Indian for killing of a wolfe, is hereby repealed. repealed!
It is ord'ed, y' y* 26*** 4*** A be kept a day of publike humiliation in all
y* churches in y" iurisdiction.
It is ord'ed, y* y« Cot at Salem is adioumed to y* 8*** of y* S*"* A.
* Whereas it is now found by sufficient pofe y* y* iron worke is very sue- About y iron
cessfull, (both in y* richnes of y* ore & y* goodnes of y* iron,) & like to be
of great benefit to y* whole country, especially if y« inhabitants here should
be interessed therein, in some good pportion, (one halfe at the least,) & whereas
y* time limited for adventurers to come in wilbe expired in the 9*** A next,
this Cot taking y* san\e into serious consid'ation, & being carefull y* such an
oportunity for so great advantage to y^ comon wealth might not be let slip,
have taken order y* speedy notice thereof should be given to every towne w***in
this iurisdiction, expecting y* all such psons as are of sufficient ability &
104 THE RECORDS OF THE COLONY OF
14 May.
16 4 5. intend their owne benefit, w*^ y« comon good, will forthw*"* appeare, to come
in to share in y* worke, according to their abilities ; & for their bett' instruc-
tion & direction herein they are hereby to understand that y' is already dis-
bursed between 1200* & 1500*, w*** w*** y« furnace is built, w*** y* w«^ belong-
eth to it, & good quantity of mine, coale, & wood pvided, & some tuns' of
sowe iron cast, & some oth' things in readines for y« forge, (5. They are also
to know y* no adventurer is to put in lesse y^ 100*, but divers may ioyne to-
geath' to make up y* sume, so it come und' one name : y' wilbe neede of some
1500* to finish y* forge, ^6, w*** wilbe accepted in mony, beaver, wheate, coales,
or any such comodities as will satisfy y* workemen, & these are to be paid in
to M' Henry Webbe, of Boston, by such direction as they may receive from y«
[*82.] imdertakers, *M' John Winthrope, luni :, Maior Sedgwick, M' Henry Webbe
aforesaid, & M' Josua Hewes. The newe adventurers are also to know, y* they
must bear their pt in such losse as is befallen y« first stock, by forbearance or
■otherwise, to y* time of y* newe adventurers paying in their adventures ; &
all such as will adventure are desired to hasten their resolutions, y* y* worke
may go on spedily.
Upon y* petition of Christopher Lawson, who purchased y* house of M'
Hen : Symonds, deceased, not haveing good assurance, or doubting y^ same,
Isaack Walker, being husband to y* late wife of Henry Symonds, togeth' w*
Susan his wife, acknowledge y* pformance of y* bargaine on y* petition's be-
halfe, & are willing y^ this Co't shoidd confirme unto him & his heires what
Henry Symonds sould unto him, unto w^^ y* Co't consented.
594. Whereas truth, in words as well as in actions, is required of all men, es-
Ag* lyinge. pecially of Christians, who are y* pfessed servants of y« God of truth, & whereas
all lying is contrary to truth, & some sort of lies are not onely sinfiill, (as all
lies are,) but also pnicious to y* publike weale, & iniurious to j^ticuler psons,
it is therefore ordered, y* every pson of y« age of discretion, w^ is accounted
14 yeares, who shall, wittingly & willingly, make or publish any lye w*** may
be pnicious to y* publike weale, or tending to y« damage or iniury of any
pticul' pson, or w*^ intent to deceive & abuse y* people by fisdse newes or
reports, & y* same, duely pved in any Co't, or before any one ma*****, (who
Lying pan- hath hereby pow' granted to heare & determine all ofiences against y* lawe,)
such pson shalbe pimished after y* manner : For y* first ofience 10", or, if y*
pty be imable to pay y« same, then to sit so long in y* stocks as y* said Co^
or magistrate shall appoint, not exceeding two houres ; for y* second offence,
whereof any shalbe legally convicted, y« sume of 20", or, if y* pty be unable
to pay, y'^ to be whiped upon y* naked body not exceed* ten stripes ; for y*
8*** offence 40', or, if y« gty be unable to pay, y"* «to be whiped w*^ more
THE M.VSSACIIUSlinTS BAY IN NEW ENGLAND. 105
stripes, not exceeding 15 ; & if yet any shall offend in like kind, & be legally
convicted thereof, hee or shee slialbc fined 10" a time more y° formerly, or, if
y* pty s<f offending be unable to pay, y° to be whip** w*** 5 or 6 stripes more y"
form'ly, not exceeding 40 at any time ; y* aforesaid fines to be levied, or stripes
. inflicted, eith' by y« marshall of y' iurisdiction or cunstitble of the towne where
y* offence is comitted, according as y^ Co't or magistrate y* have iudged y*
cause shall direct ; & such fines so collected slialbe paid to y*^ treasury of y^
sheirc where y* cause is trycd ; & if any pson shall find himselfe grcived w**» Appcalc.
y* sentence of any such ma*™**^ out of Co't, hee may ap2)ealc to y^ next Cot of
y* same sheire, giveing reasonable security to |)secute liis appoale & abide y«
ord' of y* Co't ; & if y* said Co't shall iudge his ajipcale causeles, y« said appel-
lant shalbe doubly fined, or corrected by whiping, as aforesiiid, not exceeding
J* number of 40 stripes, & pay y® costs of Co't & of y*' pty complaining or in-
forming, & witnesses in the case ; & for all such as, being und"^ age of discre-
tion, shall offend in lying, contrary to y" ord*", their parents or masters shall
give y"* due correction, & y' in y* f^ence of some offic', if any one officer shall
so appoint ; & pvided also, y^ no pson sliallx; barred of his iust action of slaund'
or oth'wisc by any pceeding upon y" order.
Forasmuch as wollen cloth is so usefuU a coiuodity, w***out w*'** wee can- About theopo.
not so comfortably subsist in the»e pts by reason of could winters, it being
also at psent ver}' scaice & dcare amongs^ us, & is likely shortly so to be in
all those pts fro" whenc wee can expect it, by reason of y* warrs in Europe
destroying, *in a great measure, y* flocks of sheeiMj amongst y", & also y* trade [*83.]
& meanes it selfe of making woollen deaths & stuffs, by y' killing & oth'wise
hind'ing of such psons whose skill & labors tended to y^ end ; & whereas,
through y* want of woollen deaths & stuffs, many pore people have suffered
much could & hardship, to y* impairing of some of y^ healtlis, & y^ liazarding
of some of y** lives, & such who have bene able to pvide for y^ child'n cloath-
ing of cotton cloth (not being able to get ott) have, by y' meanes, had some
of y** child'n much scorched w*** fire, yea, divers burnt to death, this CVt
y'fore (taking into consid^ation o' psent condition in y' pficul*', as also haveing
an eye to y* good of posterity, knowing -how usefuU & necessary wollen cloths
& stu& would be for o' more comfortable cloathing, & how pfituble a mar-
chandi^c it is like to be to transport to oth' paits) doth hereby desire all y*
townes in gen'all, & c\^' one in pticider, w'*»in y" iurisdiction, seriously to
weigh y^ pmises, & accordingly y* yo** will carefully indeavo' y* ^servation &
increase of such sheojTe as they have already, as also to |Kure more, w^ all
convenient speede, into y*' sev'all townes, by all such lawfuU wayes & meanes
as God shall put into their hands ; & for y*^ bett' effecting hereof we thinke
vol.. II. 14
106 THE RECORDS OF THE COLONY OF
14 May.
1645. meete y^ it be ppounded to each scv'all towne, being called to assemble togeth'^
to know who will buy ewe sheope, at y* rate of 408h* a peece, und' 3 yeares
ould^ & how many they wilbe bound to buy, & in what they will make paym^
y* so y' may be some course taken for y* sending for y^ into oth' pts abroad ;
& y* each towne would appoint one of y™selues, who shall take a note of y*
names of ouch as are willing to furth' y* worke, togeth' w*** y* numb^ of y*
sheope they will buy, & y* nature of y^ pay, as aforesaid, & shall retume y*
sev'all notes to Maior Gibon his house at Boston, at or before y* first of y* 1^
A next ; & furth', it is desired y* such as have an oportunity to write to any
of their freinds in England, who are minded to come unto us, to advize y" to
bring as many sheope fro" thence as conveniently they can, w*^, being care-
fidly indeavo'cd, wee leave y* succease to. God.
695— Whereas an imposition was lately set upon all wines w** should be
retailed or expended w*^in y* colony, in y* psecution of w**^ ord' much diffi-
culty & inconvenience have bene found, w*'** hath bene observed to arise firo"
hence, y* all wines not being subiect to y* like imposition, such as were rate-
able were hardly to be distinguished many times from such as were like to be
free, & so y* intent of y* said ord' in great pt frustrated, —
VTmcB rep. It is now therefore ord'ed, y* all wines w*^** shalbe brought into y* colony
in any ship or oth' vessell, eith' of o' owne, or of strangers, wheth' English,
Dutch, or oth's, shall pay (by way of custome or imposition) y* four & twen-
tieth part of y^ true valewe of all such wine so brought, & here landed to be
sould, to be rated according to y^ price currant among marchants here ; & for
y* end y« mast' or marchant of ev'y ship wherein any such wine shalbe brought
shall, w^in 48 hourcs after his coming to an anchor, & notice given him by
the officer appointed hereto, repair unto y* GovV or Deputy GovV, or, in
y*' absence, to one of y* next ma^**, & before him deliv' in a true invoyce
of all such wines as shalbe aboard his ship, w*** y* quality of y" ; & if any
such m' or m'chant, aft' due notice of y' ord', as afore said, shall deliv' on
shore, or into any oth' vessell, out of his ship, any vessels or vessell of wine,
to y* valewe of twenty gallons, before he have given in a true invoyce, as is
here before appointed, y* same wine so dcliv^ed out, or the valewe thereof,
shalbe forfeit.
And it is further ordered, y* all such as are or shalbe licenced to retaile
wines (ov' & above y* imposition before mentioned to be paid on y* landing)
shall pay for ev'y butt of wine, & so pportionable for ev'y smaller vessell, y*
twentieth part of y* valewe of such wine, to be rated according to y* currant
price among m'chants at Boston.
[*84.] *And it shalbe lawfuU for y officer appointed hereunto to enter into y«
THE' MASSACHUSETTS BAY IN NEW ENGLAND. 107
lioiues & sellers of all such psons so licenced to retayle winos^ at all conven- 16 4 5.
lent times, to take notice of y* quantities & qualities of all such wines as may "*■ ^ ~
require payment of y« said imposition q^'terly, & upon refusall or none paym^
may repair to any magistrate, who shall have pow'f to convent y* pty, & upon
heareing y* cause, to grant execution for levying what shalbe due according
to lawe.
And this Co't, or y« Co't of Assistants, shall, fro" time to time, appoint
an offic', who shall have authority to demaund & gath' y* said impositions,
according to y* ord% at y^ comeing in, & what shalbe transported out of y*
iurisdiction by such as bring it hither, not breaking of it, shalbe rebated him
or y* when its carried out ; this ord' to be of force upon y* expiration of y*
demise of y* imposition set upon wines by y* form' ord', & y* form' ord' to
stand fro" thence forth repealed & voyda
It is ordered, y^ y^ marshall shall demaimd & take of all mast" & Marshall powe*
m'chants y* tunage or anchorage (w''** is 6<* p tun) appointed & ord'ed by y" ^uBagc.
Co't to be paid, & of y^ mast's & m'chants of these two ships now here at
anchor, & of all oth's y* shall come in hereafter, according to form' ord', y*
m'shall to give an accoimt to y* comittee of y* five townes.
An Answ' to sev'all Questions ppoxmded to y* Gen'all Co't by y* Capl of y* 59&-
Castle, y* 3"* A, 1645.
Inprimis, to y* first question, answ'. Yo' constant garrison from y* sev'- !•
all townes shalbe 20 men for 8 A in y* sumer season, begining fro°^ y^ first
of y* first A, & 10 men for y* winter season, begining y* first of y« 9*** A, y*
w^ garrison, both in sumer & wint' season, yo** have liberty to dispose of
according to yo' best skill, eith' by sea or land, for y* safety of y* Castle &
iland, accord* to y* 6*** article of yo' comission ; & for pvision of foode for yo'
garrison, yo« shall alway have one months dyet in stojre for y* whole garrison
before hand, above yo' ordinary pvision, dureing all y* time of their abode
there.
To y* 2, answ'. Y' is no constant minist' to be expected ; but y* Lord 2.
haveing furnished yo'selfe w*^ able gifts, yo** are to take care of y* garrison as
yo' owne family, onely upon y* Lords dayes, w° y"* is no apparent dang', yo"
may, w"* yo'* see cause, give leave to halfe of yo' garrison to come up to pub-
like ordinances in y'' tumes, & yo'selfe ev'y oth' Lords day, if yo" desire, &
substitute some oth' of y* ableest amongst yo" to take care of y* rest till yo" retume.
To y* 3. Yo" shall receive a drum of y* Treasurer, & make use of y* 3.
ould Colo's till newe be pvided.
"Pq y« 4th ^ 5***. We conceive necessary y* yo" should have to ev'y 4 peeccs 4, 5.
108 THE RECORDS OF THE COLONY OF
16 4 5. of ordinance one barrill of powder, 20 shot, & lOH of match, & one barrell
^ ^ of powd' for yo' musketers, w*** 200 weight of musket bullets still in store,
14 May. . , ■
& for all y« armes, & auiuuition, & store of y* Castle, fro^ time to time, we
comit to yo' care & account.
6. To y* 6. There shalbe onely one m' guner, & out of yo' garrison, to
trainc up such to assist him as yo^ shall find most active & capable y* way.
7. To y* 7. One third part of y« iland shall apptaine to yo'selfe for y*
time of yo' abode y', a tenth pt to y* gunner for his use, & y* rest to be dis-
posed of to y^ garrison, to be set out according as yo^selfe iudge meetc & see
occasion, & ev*"y one to enioy y" benefit y'of dureing their continuance there. .
8. To y* 8. Yo** sluJl not suffer any pson y' sludl come upon y* iland, or
attempt y*' same, eith' by night or day, to infring yo' authority, or put any
reproch or affront upon yo'selfc or garrison, or any way to endang' yo^ safety ;
& if any sliall give yo" iust cause of suspition of so doing, yo" nuty put y"
und' comaund & examination, & y'upon, if yo^ see iust cause, eith' keepe y"
fro™ landing or apg^hend y*" on shore, & so couiit y™ to safe keeping, accord-
ing to yo' coniission.
9. To y* 9. Concerning Goodman Jay wee meddle not w**' it.
10. To y 10. Yo" may send a boate out to examine every ship, & to ac-
quint y°* w*** y* ord's of y* country.
[*85.] *To y* 11. Wc give no answere.
'■'•• To y« 12. We refer yo" to o' S'? answer.
^"' To y« 13. Wee refer yo" to y* 4*** article in yo' comission.
13
To y^ 14. Y* we account an extremity, w"* y* most of yo' men are dis-
inabled (by sicknes, death, or w^ounds) to hold out ag** a fiir greater strength
of yo' enemies, w° yo" are 24 houres w"*out pvision of foode, w° yo' store of
powd' & aiiiunition is spent, so y* yo** cannot make defence though yo' victuals
should hould out, & w" yo" arc w^^'out pbable hopes of supply, fro" y" y* are
to relieve yo", & no hono'^able tearmes tendered to yo** by yo' enemy.
15. To y* 15. For pWsion of fier wood yo" shall have free lib'ty to cut &
bring away for y* use of the Castle fro°* any of y* ilands y* yet are not dis-
posed o£
16, 17. For y* 16 & 17. Touching y* ord'ing of y* watch & garrison, we leave it
wholly to yo' discretion & best expience. Lastly, wee thinke meete y^ ev'y
souldier in y* garrison should have at all times dureing y** abode y' two mus-
kets a peece, y* is, one musket a peece of y* countryes, beside y*' owne, & so
many pikes of y* countries as is needfull for y^ defence.
The Gov^' or maior gen'aU shall invest y* capf in his place.
These, w*** y« form' coniission in y* first A, 1643 or 44, are yo' directions.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 109
It is ordered, by y^ authority of y" Co't, y* all ships y* come for trading 16 4 5.
onely fro™ oth' pts, shall have free accesse into o' habo", & quiet riding y', *"" r*""-^
& free leave to dept w**»out any molestation by us, they paying all such duties "
& charges required by law in y« country as oth's do. Ship^ for trad«
It is ordered, y* Jeffryes Creeke shalbe called Manchester. *° ***^* ^'^
The Deputy Gov'n' & M' Harbert Pelham are chosen comission" for y* shipi to hart
<;olooy, to mecte w*** y* comission's of y* United Colonies in their next meeting »c<^««-
at Newe Ilaven, & in case eith' of these be hind'ed by any pvidence, y* y"
Cap{ Cooke shall supply such defect, & if it fall out any furth' defect by any
pvidencc, y* y* M' Hathorne shall supply such furth' defect ; these comis-
aion'' shall stand to y* next day of election, & untill newe be chosen.
It is ord'ed, y* o' comission", for y« United Colonies for y* yeare, togeth' SpringfeUd
. ^ . Court.
w** M' Pinchen, shall have power to keepe a Co't at Springfeild, upon Coiiec-
tecot, & to heare & determine all causes, both civill & criminall, eith' by a
iury of sixe freemen, or oth'wise, according to lawe, & to give y* oath of
freedome to such as they shall find capable thereof.
It is ord'ed, y* y* surveyer gen'all & Willi : Parks shall require y* 63. 8.
9* due fro™ M' Edward Tynge to y« country psently, & use all legall meancs
& wayes for y* spediest recov'y y' of, & lay it out & purchase powd' w*** it, &
deliv' it to y* countries use ; & furth', they shall take care for j** calling for &
securing of y* countryes debt in M' Stoughtons luind, when they shall have
full information thereabouts, by y* next ship.
For y* countie of Suffolke, y* Govern^ M' Hibbens, M' Cotto, M' Mad- CoiSittce* for
der, Leif ? Duncan, & M' Prichard are chosen a comittee to meete togeth'
to draw up a body of lawes, & to ^ent y" to y* consid'ation of y* next
Gen'all Co't
For y« countye of Middlesex, M' Pelham, M' Nowell, M' Thomas Sheofkl, y» coffiitteet
M' Allen, Capl Cooke, & Leif { Johnson are chosen a comittee to meete to-
geth' to consid' of & drawe up a body of lawes, & ^sent y" to y* considi^ation
of y next Gen'all Co't
For y« countye of Essex, M' Bellingham, M' Bradstrcete, M' Nath»"
Bog's, M' Norton, M' Ward, & M' Hathorne are chosen a comittee to meete
togeth' to consid' of & draw up a body of lawes, & to ^sent y" to y* consid'a-
tioB of y« next Gen'all Co't
Comission'^s are appointed by y* Co't about the French busines, & 597-
comission is granted y™ to examine witnesses thereabout, & ^pare y* same
against y^ next session of a Gen'all CoH;. Y* Govtio' & Leif I Atherton, M'
Pelham & Cap! Cooke, M' Saltonstall & M' Hathorne are chosen, *who [*86.]
ilO THE RECORDS OF THE COLONY OP
14 May.
SaLftLiim.
164 5. hereby have pow' to suinon witnesses in y*' sevcrall sheires^ & a pt to examine
y", & search out y* truth of y* case, as they shall see cause. •
It is ordered, y* y* Co^ts of Salem & Ipswich be kept by those magis-
trats & oth' psons y* kept y* same y* last yeare, according to former order,
untill y* Gen'all Co't in October next
It is agreed, y* y* day ^scribed, by y* ord' about y* gen'all trade, for y*
adventurers bringing in their resolutions thereabout, might be altered from y*
first Tewsday of y* first rfi to y* last 4*^ day of y* month of July, & w*** their
subscriptions y^ for votes y* three comittees to y* house of Rich'd Fairebanks,
at Boston.
The clause in y* order for y* gen'all trade, concerning liberty of trade out
of y* iurisdiction, is voted & assented to.
M' Bradstreete & M' Symonds are appointed to kecpe Co'ts at Dover for
y* yeare ensuing. Cap? Wiggin, M' Williams, & M' Smyth are appointed
associates w*** y°*.
Id. eomp. of Whereas S'gent Maior Gen^all Endecott, M' Willi: Ilathome, Cap!
Robt Bridges, & div's oth' gentlefii of Salem & Linn, out of y^ care for y*
safety of y* publike weale, by y* advancm* of y* millitary art & ex'cise of
armes, have desired of y* Co't to ioyne y"selues in one company, & to have
libty to ex^'cise y^selues at such times as y*' occasions will best pmit, & y*
such oth' liberties & priviledges might be granted y™, as y* Co't should thinke
meete for y*' bett' incuragem* & fiirth'ance in so useful! implim*, w*'' request
of theires, being heard & consid'ed of, is granted, & do ord' as followeth : —
Inp. 1. We do ord' y* Sergent Maio' Gen'all John Endecot, Capt Eo :
Bridges, M' Willi : Hathome, W WilU : Clarke, Ensigne WiUi : Dixie, Ser-
gent Thom : Lathrop, & such oth" as they shall from time to time take into
y*' company, shalbe called y* Millitary Company of Salem & Linn.
2. They, or y^ greater numV of y", shall have libty to choose y*' cap?,
leif?, & all oth' offices, y*^ cap?, leif I, & ensigne to be alway such as y* next
Co't for y* same shcire shall allow of
3. They have lib'ty & pow' to make ord's amongst y™selues for y* bett'
manage of y*' millitary affaires, not repugnant to y* laws of y* iurisdiction,
w*** ord" are of force aft' y« due publishing of y" to y* aforesaid millitary com-
pany, & they may appoint an offic' to levy any fines or forfeitures, w** ihej
shall impose upon any of y*' owne company, for y* breach of any such ord', so
as y* same exceede not 20sh' for any one offence.
4. That y* said millitary company shall have lib'ty to assemble y^selues
for y*' millitary exercises in eith' of y* townes of Salem or Linn as often as
they please.
THE MASSACHUSETTS BAY IN NEW. ENGLAND. m
Whereas M' Symon Bradstreete, Cap? Dani : Dennison, Leif ? Edmond 16 4 5.
Grreenleife^ Ensigne John Whittingham, S'gent John Bemington^ w**> div's ^ ~
oth'^ gentlefii of Ipswich, Newberry, Rowly, Salsberry, & Hampton, out of ^^ ^ '^^
y^ care for y* safety of y* publike wealc, by y* advancm* of j^ millitary art & lp«^ ^^'
exercise of armes, have desu-ed of y* Co^'t to ioyne y"selues in one company, &
to have liberty to exercise y^selues fit such times as y^ occasions will best
pmit, & y* such oth' lib'^ties & priviledges might be granted y" as y* Cot
should think meete, for y*' better incuragem* & furtherance in so useful! im-
plim*, w^** request of theirs, being consid'ed of, is granted as foUoweth : —
1. Inp. Wee do ord' y* M' Symon Bradstreetc, Cap? Denison, Lcifl Green-
leife, & y* above named geni, & such oth" as they shall from time to time take
into y*' company, shalbe called y® Millitary Company of Ipswich, Neweberry,
& Rowley, ^(3.
2. That they, or y* great' number of y™, shall have liberty to choose y*'
capf , leif ?, & all oth' ofEc's ; y*' capl, leif I, & ensignes to be alwaycs such as
y* next Co't for y« same sheire shall allow of
3. That they have liberty & pow' to make ord" amongst y™selues for y*
better managing of y^' millitary affaires, not repugnant to y* lawes of y* iuris-
diction, w*^** ord" shalbe of force after y* due publishing of y" to y* aforesaid
millitary company ; & they may appoint an offic' to levy any fines or forfeitures
w^ they shall impose upon any of their owne company for y* breach of any
Buch order, so as y® same exceede not SOsh" for any one offence.
4. That y* said millitary company shall have lib'ty to assemble y"selues
for y*' millitary exercises in eith' of y* townes of Ipswich, Neweberry, or
Bowley as often as they please.
•Whereas div's genl & oth" of y^ countye of Middlesex, out of y* care of [*87.]
y* publike weale & safety, by y* advancm* of y* millitary art & ex'cise of
armes, have desired of y« Co't to ioyne y"selues in one company, & to have
lib'ty to ex'cise y™selues, at such times as y** occasions will best pmit, & y*
such oth' liberties & priviledges might be granted y" as y« Co't shall thinke
meete, for y^ better incuragmcnt & furth'ance in so usefuU implim*, w*** re-
quest of theirs, being heard & consid'ed of, is granted y™, & do^ ord' as fol-
loweth : —
Inpr. 1. We do ord'^ y* Cap? George Cooke, Leifl Mason, Leifl Johnson, Mil. comp. of
& such other as are already ioj-ned w*** y", & such as they shall fro" time to * "^**
time take into y** company, shalbe called y* Millitary Company of Middlesex.
2. That they, or y* great' numb' of y", shall have liberty to choose y*'
capl, leifl, & all oth' offic's, y*' cap?, leifl, & ensigne to be alway such as y*
next Co't for y« same sheire shall allowe of
112
THE RECORDS OF THE COLONY OP
16 4 5.
14 May.
S. They have lib'ty & poW to make ord's amongst y^selves for y* best
managing of their millitary affaires^ not repugnant to y« lawes of y^ iurisdiction,
w*** ord's shalbe of force after due publication y'of to y* aforesaid millitary
company^ & they may appoint an ofBc' to levy any fines or forfeitures w^ they
shall impose upon any of y*' owne company for y* breach of any such ord', so
as the same exceed not 20* for any one offence.
4. That y* said millitary company shall have liberty to assemble y™selues
for y'' millitary exercises in any towne by y" ord'ed to be assembled in y*
county of Middlesex at y*' pleasure, pvided y*' dayes of ex'cise be not at such
times as may hind' y* millitary assembly of Suffolke.
Fomhome & Sacononocho complaining to us y^ many Indians, dwelling
20 miles beyond y™, (being freinds & helpers to y* Narragansets in y*' paent
wars w"* Uncas,) are come upon y^ land, & have planted upon y" same against
y** wills, they not being able to remove y", & y'fore desire o'^ counaell & help,
we y'fore advize y°^ to send a messenger to y^ 'sachim of those intrudes to
come to us to give an account of such his intrusion : if he refuse to come, y*
wee would have o'^ messeng' charge y"^ to dept fro™ Fomhome & Sacanonocho
y*' lands, w<* also if they refuse, y° we shall account y" as enemies.
Ante.
Hingham, . .
. . 015 00 00
Linn,
Waymoth, . ,
. 010 10 00
Ipswich, .
Braintree, . .
. . 010 10 00
Newberry,
Dorchest',
. . 043 17 06
Salsberry,
Hoxberry,
. . 037 10 00
Hampton,
Boston, . . .
. . 100 00 00
Rowley,
Dedham, . . .
. . 020 00 00
Sudberry,
Concord, . .
. . 015 00- 00
Meadford,
Watertowne,
. . 041 05 00
Wooboume,
Cambridge, . .
. . 045 00 00
Wennam,
Charlstowne,
. . 055 00 00
Gloccster,
Salem,
. . 045 00 00
438 12 06
^025
00 00
y061
10 00
y023
00 00
yQio 00 00
yoio
00 00
»015
00 00
JQII
05 00
»007 00 00
yoo7 00 00
'003
10 00
'004
17 06
178 02 06
438 12 06
616 15 00
This levy of 616. 15, each townes pportion is as above exj^ssed : its de-
termined y* each towne should pay y* one halfe of their rate to y* Treasurer
w***in 3 A, in cattle, to be valewed by 3 men indiff^ently chosen by y* Treas-
urer & owner y''of, in beaver, mony, wheate at 4*, barley at 4sh", rye 3* 6*,
pease 3i", Indian come 2. 8** p Wc, & y* oth' halfe at or before y* laJst of y*
first ifi next
THE MASaA.CHUSETTS BAT IN NEW ENGLAND.
U3
Upon weighty reasons moveing, it is ord^^ed, y* M«* Chamberlin, widowe, 16 4 5.
sister to M' Israeli Stoughton, (lately a worthy member of y* comon weale,) ***■""> *^
shalbe alowed out of M' Androws gift eith'f a cowe or five pounds.
Upon sight & consid'ation of a lett' fro"* M' Browne, of Bristoll, con- m» Brown*
ceming y* great losse w*** himselfe & some oth' of o* friends have sustained, '^^^'
About y* Brit-
by y* losse of y« ship taken by Cap? Stagge in o' harbo', & y*' desire, w*'»all, y* tow »hip.
y* Co't would please to petition y* Parliam* fi)r y*' releife, it is ord'ed, y* such
a petition or lett' should be sent, wherein y« true state of j^ case may be ex-
pssed, y* rath' because some false testimonies given in y* admiralty were some*
cause (as is reported) of y* iudgm* given against y* said ship.
In answere to M' Russells petition, y' appearing diversity of information
about y* ship Gilbert, (shee *bein^ absent,) wee not being able to heare & de-
termine y* difi^nce thereabouts, it is ord'ed, y* y« m'chants, w**^ tooke y* said
ahip in reprisall, be speedily called, & caused to give in sufficient security to
be responsall therefore in case, ^6, & y* y* security be ^sented before any
forth' pceeding, sufficient security being given in.
We iudge y' Maior Gibons should pay to M' Rob't Saltonstall & ex comp*
out of y* pceeds of y* m'chants goods, brought in y* ship Gilbt, y* sume of
263* OSsh", w*^ is paid for y* seamens wages ; pvided, M' Valentine Hill ioyne
in sealing y* thousand pound bond w*** y* rest. Da : 4*** 5*** A.
597-
[*88.]
Josua Hubberd, for his sev'all miscarriages, is fined
Edmond Hubberd, for his miscarriage, is fined
Thom : Hubberd, for his miscarriage, is fined
Edmond Gold, for his miscarriage, is fined .
John Foulsham, for his miscarriage, is fined
Daniell Cushan, for his miscarriage, is fined
William Hearsy, for his miscarriage, is fined
M' Bozoon Allen, for his miscarriage, is fined
M' Peter Hubberd, for his miscarriage, is fined
yo20 00 00
7005 00 00
yoo2 00 00
yooi 00 00
yoo5 00 00
y003 10 00
y004 00 00
y005 00 00
yoo2 00 00
y046 10 00
net.
John Tow's sensure, for his delinquency, is, y* hee should beare his im- Hingham bui-
prisoEmiS pvided he beare no oth' censure, eith' as petition' or oth'wise.
The other 78 petition's are ord'ed to pay 53* lOsh* by an equall rate by
y* pole toward y^ payment of y* charge of y« Cot ; & y* said fines & sums are
ord'ed to be paid w**»in three months. 4*** 5"* A.
Leiff Eames was adiudged to beare his owne charge, & have an admoni-
tion for laying downe his place w***out consent of authority, & other failings.
VOL. II. 15
114
THE RECORDS OF THE COLONY OF
dealing.
16 4 5. This iind'^mtteii was i^eed on to be openly read to y* whole assembly.
The Gren^all Co't, haveing very largly hard & debated a complaint brought
Go* T^^thiop ag* John Winthrope, Es^, Deputy Gov'n', by c'teine psons of Hingham, do
iudge y* y* Deputy GovV is legally acquited of those things y* have bene
complained of, or layd to his charge, & have therefore, & for their oth' offences,
punished y* said complainants by sev'all fines to be paid y* coimtry y* sume
of 46. lO", & for charges of y« Gen'all Co^t, 53. 10«, & for y« Deputy Gov'ner
his clearing wee desire y* country will hereby take notice.
Leif{ Tory is appointed to take care of y* company of Hingham, to traine
& exercise y* traine band there, till y* Co'^t take furth' order.
Henry Rust is appointed for y* recording of births, burialls, ^6, in Hing-
ham, in y* roome of M' Peck.
Births to be
recorded.
M" GloT"
Cume.
M'DunstF
fiurme.
[•89.]
AboatM'Na:
Baton.
"We, whose names are und'written, have layd out M" Glov's farme as fol-
loweth, vizj : Sudberry line is y« northeast bounds ; y* northwest bounds y'of
is y* great ryver ; y* southeast bounds y* river y* issueth out of y« great pond
at Cochituate ; y* southeast bounds fro™ y* place where y* little ryver runs out
of y* great pond till yo** come to y* northeast end of y* said pond, & so to y^
northwest end of the little pond, & fro™ thence to y* northeast end of y* said
little pond, & fro™ thence to y* neerest place of Sudbury line, according unto
y« marked trees. Witness hereimto y* 7"* of y* 10*** A, 1644
THOMAS MAYHEWE,
PETER NOYES,
EDMOND RISE.
We, whose names are tmd'written, haveing layd out M'^ Dunst's farme as
followeth, vizJ : Y* land lying between y* ponds, contiguous to M" Glov"
farme abovesaid, being y* southeme bounds of y* farme, & runing on w*^ y*
great pond fro™ y« southesfne bounds, unto y* place where it is foardable.
Sudberry line for y* northwesteme boxmds, & for y* northeme & northesttie
bounds y* meadows to y* quantity of fifety sixe acres, (if y' be so much,)
abbutting on wheth' side soev', a little creeke y* ruiieth into y* great pond,
near to y* foresaid foard, & a straight line drawne fro™ y^ said creek to Sud-
bury line, w' it is nearest
PETER NOYSE,
EDMOND RISE.
•The Co't is willing y* when y« councell of y* comon wealth shall have
taken an account of y" comittee about M' Eatons estate, y* y* they take care
for y* sending of a lett' to Virginia accordingly.
THE MASSACHUSETTS BAY IN NEW ENGLAND. Hfi
It is ordered^ y^ y* next Co't at Boston may heare & iudge y* cause 16 4 5.
-between Capl James Smyth^ M' David Sellick^ Isaack Grosse, & Thomas ^ ~
14 May.
^®**^* Ca: Smyth.
John Cogswell is granted to be forborne untill y^ last day of y* first A^ Jq* Cogges-
1646 ; & y* petition' is required not to faile to give y* Treasurer satisfitction
for y* debt by y* day pfixt
It is ord'ed, y* if M' AUerton can pve y* hee deliv'ed goods to y* y° M' Alerton.
GovW, or any oth' appointed by authority to receive y", to y* valewe of 179.
12% for y* use of y* country, & will take his oath y* y' is yet due to him 49.
12*, to ballance his account, that it be paid out of y« country.
IP Glover, Leifl Atherton, Edward Gofie, & Edward Oakes are a comittee A highway
appointed to lay out y* way through Roxberry lots to Boston farmes, & to y^^^^
m
iudge what is meete satisfisuition to y* ppriet's for y* way ; & y* they have power
to impose an equall pt upon all such of Boston or oth'^ townes as shall have
benefit of such way.
Samu: Philips, for maintenance, is referred to y* next Q'ter Co't, to be Sa; Philips,
answered as shalbe thought most meete.
Whereas this Co'^t is informed y* y' is no drume w**in y* towne of Salem, Salem.
w'by y* inhabitants y'of have no meanes of giveing warning one to anoth', or
to oth' townes or farmes by any alarum, upon y* approach of an enemy, y*
defect whereof may endang^ the lives & estates of such as dwell there, as also
be very piudiciall to y* whole comon wealth, — this Co't, therefore, takeing
y* pmises into consid'ation, doth hereby order, y* y* said towne of Salem shall
pvide two good drums, to be always ready upon occasion for y* towne & band,
to be pcured w**>in three weekes, upon y* poenalty of five pound. Dated the
To y* Cimstables of Boston.
Yo" are by vertue hereof required, at or before y« 7*** of y* instant A of Ord» ai to y«
July, to send downe 4 sufiicient men, w*** sufficient armes, vizj, musket,
swords, rests, & bandilers, to y* Castle Iland, y' to remaine, und' y* command
of Capl Rich : Davenport, as pt of yo' pt of y* garrison, w*** belongs to yo*
towne to have, yo' oth' pt of souldiers like furnished, ready w***in 24 houres
after yo" receive notice fro™ y* said Cap? Davenport of his being ready &
willing to receive y" ; yo" are to see y* this warrant be discharged & fulfilled^
und' y* poenalty of 5* for ev*y defect yo° shall make herein, to be levyed on
yo' psonall estates by y* marshall, w***in 24 houres after any defect made by
yo" in any of y* ^mises ; also, you are required, by y* first of August next, to
levy on yo* towne 14*, as pt of yo'^ rate, & to pay y* same to Capt Bich'd
Davenport, in wheate, or such other pay as y* Co't shall ord' y* levy to be
116 THE REC0RD3 OF THE COLONY OP
16 4 5. paid in, & at y* price, here not to faile ; y" to be y« forme of y* warrant y*
~ ^ ~ shall issue out of y" Co't to y* sev'all townes ; Charlstowne, Dorchest', & Cam«
bridge to send for ^sent 2 men a peece, & pay 9* a peece ; Roxberry to pay
9*, & 100 Ws of come, & no men.
M' Endecott to It is ord'ed, y^ Maior John Endecot hath alowed him for his last yeares
service as Gov'n', & whereas hee hath already received a pt of y* said 100*, it
is furth' glinted, y* in case y* said maior gen'all shall put in band to y* Cot
for y* repaym* of so much mony as he hath already received in pt of y* said
sume, (into y* treasury,) w***in two years firo™ y* day of y* date hereof, y* y» y*
Cot doth hereby grant unto y* said maior gen'all y* sum of 100*, to be paid
to him or to his assigncs out of y* treasury.
[*90.] *Whereas yo", Scrgent Maior Gibons, are cheife millitary offic' of y* traine
597— band of y* towne of Boston, yo" are by y* Cot required & authorished to see
Maior GiboM ^ ^^^ ^^ Y)e kept, both in y^ said towne & harbo', fro" all hostile & mutinos
his comiMion. «' * r ^ j ^
attempts or insurrections, & for y* end y' is hereby comitted to yo' charge all
fortifications w^in y* said towne, w^ all y* ordinance & amunition to y* same
belonging, & yo" shall have alwayes in readines one barrell of powder for ev'y
6 peeces of ordinance, w**^ 12 shot & 5 pound of match ; if any ships w***in y*
harbo' shall quarrell & shoote one ^t anoth', w'by y* people or houses may be
endangered, yo" shall use yo' best endeavo' & power to stay & supprese attempts,
& to bring such ship or ships und' comaund, & to be in peace, untill y^ magistrates
may assemble, whose furth' ord' & direction yo" are to observe ; & yo'* shall
take order to have alway some souldiers listed, to be in a readines for any ser-
vice yo'* shall have occasion to imply y™ in, by vertue of y* comisson, & yo" are
. to give notice of y* tenure of y' comission to all ships ariveing in y* harbo' fit)*
forraine parts w***in 24 houres after their comeing to anchor ; upon any neces-
sary occasion of yo' absence yo'* shall leave yo' leif ?, or next cheife officer, to
take care of yo' charge ; y* comission to continue dureing y* pleasure of y*
Co't
Ma:Sedgwicke The like comission is granted to Sergent Maior Sedgwicke, in Charles-
his com.
towne.
It is ordered, y* Braintree shalbe abated out of their next levy, for their
deputies lodgings, lOsh'.
It is ord'ed, y* y* Treasurer should pay Goodwife Hackburne for paines
shee hath tooke y« & y« last Cot, 20sh».
It is ord'ed, y* y* Treasurer should pay 18^* to y* wife of RichM Sher-
man, as a gratuity for her care & paines y" Cot about o' dyet, and a noble to
y* oth' helpers in the house.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 117
The Co't hLath appointed James Penn to take account of w* is due to y* 1 64 5.
country for y* beaver trade^ & for y* 4. 6* for ev'y action tried, & to gath' up ^^^ ^ ~'
such fines as any pson hath bene fined at ; to help to save y* countryes charge, y, ^^^ ^^^ ^
Leif ? Willard can direct about y* beav' trade. ^>«»^ *'»^«-
It is ord'ed, y* lett's should be forthwith written & sent to y* commission's Comiss- of
of y* United Colonies, to desire y** speedy meeting here at Boston, to conferr ^^^^^
of such weighty matt's as are thought meete by y* Co't to be ^seAted to y",
whereby y'' determinations y'about may be ^sented to y« Co't
It is ordered, y* Rich'd Sherman should be alowed 19* for lodging 8 of
y* deputies & y« Covin's men, & widow Web 5^^* for lodg* one deputy.
It is ord'ed, y* a lett' should be writ to y* Narragansets to desist firom
warr upon Uncas,
It was ord'ed, y* a letter should be writ to Benedick Arnold to do his
messuage to y^ sagamore of y* intrud's, & to require him to come to us, or de-
part fro" y* lands of Pomhome & Sacanonocho.
An Ord' about y* Choyce of Serieant Maiors, & y** Charge, y* Clarks of y* 598-
Bands, w**» y*' Charge, & Oath, & Millitary Watches.
It is thought convenient, in regard y' is a vacancy of y* office of sergent Choyce of ■«-
maiors of regim** at y" time, y* upon y* 16*** day of y* 5*** A, being y* 4*** day
of y* weeke, y* traine souldirs of ev'y town in each sheire w**»in y* patent shall
meete togeth' & nominate such a man or men as they shall iudge fit for y^
office of s'gent maior of y* regim*, & y* not onely freemen, but all y* have taken M» Pelham
y* oath of fidelity, or shall take it before y* election, (except servants or un-
setled psons,) may have libty of y'' votes ; & because many townes find it a
great burthen to y", w' they have no ma*™** neare, to carry so many of y** in-
habitants so fiuT to take their oathes, it is ord'ed, y* power is hereby given to y«
capl, or in y* defect y'of to y* next cheife offic' of y* company in all townes, to
administ' y* said oath of fidelity to such souldiers as are willing to take y* same,
before they give in y*' votes, & such as do take their oathes to be certified to
y* next Co't of y* *countye, to be recorded, w*^ votes of y* whole company [*91J
shalbe sealed up & deliv'ed to one or both y« deputies of y* said towne, or
any oth' freeman y* y* towne shall appoint, & they to carry y" to the sheire
towne of each countrye, upon y* 23*** day of y" 5*** A, by ten a clock in y«
forenoone, & y% before one or fVo of y* ma*"^ of y* said towne, to open y* pxies
^th y« gj^ij deputies or freemen, & hee y* shall have y* greater number of votes,
being a freeman, to be psented, by one of y* ma*^** of each sheire towne, to y*
sergent maior gen'all, w"*in one weeke at y* most after y« election, who shall
instaull, confirme, & establish each serieant maior in his place for one yeare, &
118
THE BEC0RD3 OF THE COLONY OF
Serieant ma-
ion.
Clarket of
bands.
they to rctaine y** place & pow' till a new election be made by ord^ of y*
Gen'all Co't. And to avoyde y* vacancy of a place so necessary, for time to
come, if any leave y*' places, or be removed out of y™, y* serieant maior gen'^all
for y« time being shall, w***in one month, at y* furthest, aft' such a change, send
downe his warrants to each t(9wne in the same sheire, to make choyce of one or
more maiors, according to y* forme above mentioned.
And y* ev'y serieant maior hath not onely liberty, but also is enioyned,
once ev'y yeare at least, & oftner upon any needfull occasion or comaund from
y* maior gen'all, to drawe fourth his regim* into one convenient place, & y* to
put ev'y cap? & offic's of y* companies in y*' places, & to instruct y" in y*'
duties, according to y* rules of millitary discipline, & to ex'cise his regim*,
wheth'' it shall consist of horse, pikes, or musketers, according to his best
skill & abilities, as if he were to leade y" forth against an enemy.
Farther, y* ev'y serieant maior not onely hath pow', but is enioyned by
y* Co't, twice ev'y yeare to send forth his warrants or sumons, to require y*
cheife offic's of each company in his regira* to meete at such time & place as
hee shall appoint, & y»"w**» y" to conferr & give in comaund such ord's as shall
by y™ be iudged meete, for y*' better ordering & settleing of y* gticuler com-
panies in millitary exercises, & y* these offices of such pticuler companies shall
bring w**^ y™ a note, fro™ y* roales of y^ sev'all clarks, of y* names of such in y*'
sev'all companies as remaine delinquents, & have not given satisfaction before
to y* capl, or cheife ofEc" of their companies, for all defects, eith' in y*' armes,
amunition, appearances, watches, offences, or y* like, & y* y* said maior, w*** y*
consent of those officers then met togeth', shall inflict such fines or poenalties,
according to lawe upon delinquents,«as shalbe iudged equall, & to give order
to y« clarkes of y* sev'all bands to take distres for y* same w*in one month
after such order, if before they give not satisfaction.
And because wee observe many defects in makeing appearance in fit
armes for service, & otherwise, we ord' y* y" Co't shall cause to be inserted
into ev'y clarkes oath, —
1. First, y* upon ev'y training day twice, once in y* forenoone, as also in y*
aftemoone, if y* cap? require it, at such time as y* cap? or cheife offic' y* is y' in
y* feild shall appoint y* call, or cause to be called over y« list of y« names of
all y* souldiers, & y* he shall give his attendance in y* feild all y* day, (except
he have speciall leave from his cap?, or cheife (Jffic',) for ye takeing notice of
any defect in y* absence of souldiers, offences, ^6, y* doth often fall out in y*
times of ex'cise, as well as in y* calling ov' y* rowle.
2. That twice ev'y yeare, at least, he shall veiwe all y* armes & ammunition
erf y* band, to see if they be all accord* to law, w^ we conceive will best be
THE MASSA0HUSBTT3 BAY IN NEW ENGLAND. HQ
accomplished after y* mann' : y* y* clark 'shall signify seasonably to y* capl, 16 4 5.
or cheife offic' of y* band, and they to g^ve notice to y* souldiers y* upon such
[*92.]
a trauiing day, appointed, they be required to bring in y* forenoone all y*^
armes & amunition into y* feild y* is required by law, w' they shalbe appved
or disallowed by y* iudgm* of y* said cheife offic's, y" in y* feild w"* y* clarke,
who have comonly more experience in y* fitnes of arms y° y* clarke hath, &
to see y* ev'y souldier have one pound of powder, 20 bullets, & 2 fathome of
match, w*** musket, sword, bandilers, & rest, upon y* poenalty of 10' for ev'y
defect, & to levy 5* forfeit upon all souldiers y* shalbe absent from training,
or defects in watching & warding, except they be discharged by y* cheife offices
of y* company, & y* y* clarke, as often as hee shall see occasion or doubt, is
hereby enioyned to use all diligence to veiwe ev'y ones armes, wheth' they
be compleatly furnished w*** all arms & amunition y* law requires.
3. That all inhabitants, as well seamen as oth's, are to have armes in their The cUrke.
houses fit for service, w*^ powder, bullets, match, as oth' souldiers, & y* fish-
ermen, shipcarpenters, (the deacons are hereby exempted fro" watches &
wards,) & others, not exempted by lawe, shall watch or pvide a sufficient man
in their roome, & to traine twice a year, according to y* order.
4. That y* millitary office's of each company shall appoint what arms ev'y
souldier shall serve w***, so y* y' may be two thirds muskets, & y* those w*^
serve w*** pikes should have their costlets & head peeces.
5. That y* clarke shall, w***in one weeke after every traineing day, truely
psent a list of y* names of all y* are delinquents, & of y* defects of y* band,
to y* cap? or cheife offic' of y* company, y* he may have y" all in a readines
to carry w*** him (when y« maior of y* regiment shall appoint his meeting) w*^
have not before given satisfaction at home, according to lawe ; & y* order that
gives pow'^ to y* magistrate to release upon none appearance is hereby repealed,
6. That y* clarke shall (w"*out all partiality) demand & receive all
fines, w** if any shall refuse to pay, y*^ he shall make distres upon y* goods
of all such psons as shall first, by y* cheife officers of y'' owne company at
home, (or by y* maior & cheife offices met together, as before mentioned,) be
iudged delinquents, & y* y* clarke, w**^ y* advice of y* cheife offic's of y*'
owne company, shall speedily lay out all fines received, eith' in ensigne, drum,
holberds, candle, or wood for their co't of guard, or to pvide powder or
armes for y* porer sort, or oth'wise for y* best use of y* company, pvidcd y*
no clarke of y* band shalbe chargable to y* execution of any former order, by
vertue of his said office, other y" such as are comitted to his care & charge by
this psent order.
7. Lastly, if any clarke of a band being> chosen, & accepts y* place, & yet
120
THE BEOOROS OF THE COLONY OF
[•93.]
Watehflf.
Hflitarr
watchei.
FaiOL
afterward shall refuse to take Ids oath, shall pay 40", & y'^ y^ company shall
choose anoth' ; & all that refuse y* oath, as before, to pay 40" a peece, till one
doth hold ; & hee y* doth accept y* place shall have a fourth part of y* fines
for his labo' ; & y* ord' y* granted a third part is hereby repealed.
The Oath of y* Clatke.
Yo'* shall truely sweare to pforme y* office of a clarke of a traine band
to y* utt'most of yo' ability or endevo', according to y* pticul's specified in y*
order. So help yo'* God,
*For y* Charge for y* Millitary Watch in all Townes.
1. Inpr : It is ord'ed, y* y* watch shalbe set & have their charge by y*
direction of y* cheife offices of y* place halfe an hour after sunn setting.
2. That y* watch, being set out, (w** wee thinke should stand double, a
pike & a musketere togeth',) shall examine all psons that they shall meete
w***all w***in y* compas of y^ watch or round ; & all such as they shall sus-
pect, to carry to y* co't of guard till y* morning, & before they be dismised, to
carry them to their cheife officers, to be examined.
3. If y* sentinell or watch shall meete w"* such as shall pve too strong for
y™, or by y*' carriage shall give iust cause of suspition, or will not submit to
their comaund, or if they shall eith' drawe upon y", or ofier any such affironts,
in words or actions, as shall put y^ in feare, or in hazard of their lives, they
shall charge their pike & discharge their musket upon y", & returne w**' speede
to their co't of guard, & raise an alarum, pvided alway y^ in times of peace,
w" y* councell of warr, or y* cheife millitary offices of any company, shall not
ap^hend danger by y* neemes of an enemy, it shall not be in y* liberty of any
sentinell to hazard y* kiling of any pson or psons, except in his owne- neces-
sary defence ; but if the case require it, he shall raise an alarum, or retire to
the co't of guard.
In regard there are no magistrates at Pascataque, comission is granted by
this Courte to Cap? Wiggen and the other associates there to see to the ^ser-
vation of the peace ; & any two of them to heare & determine small causes of
civill nature not exceeding 5*, & such criminall ofiences as the law hath ap-
pointed c'teine poenulties for, either by whipinge, stocks, or fines not exceeding
SO", reserving liberty for appeales.
A passe was granted to 7 of Mounsir Latores men. La Fortune, Columbie,
St. Aubin, La Violle, La Kose, La Garenne, La Violle Suisse ; & these 7
shalbe alowed 7* in pvisions, on the country charge.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 121
The order against drinking one to another is hereby repealed, 16 4 5*
The Co't is adionrned till the first 4**^ day of the 8**^ month, unlese y*
Governor see cause to call the Co't sooner.
UMay.
♦To the R* Honorable the Lords & Coinons of the high Co't of Parlia- [♦94.]
ment in the kingdome of England.
The humble Petition of the Co't of the Massachusets in Newe England.
Humbly sheweth, that whereas a ship of BristoU, called the Mary, being
peaceably trading in our harbour, was surprized by Captaine ^ Stagge, with-
out our licence or privity, and whereas, being called to account for the same,
hee shewed us a comission fiom the authority of this high Court to take any
ships belonging to Bristoll, ^6, by occasion whereof (out of our due respect to
this honorable Court) wee thought not fit to contend with him, but onely
permitted him to carry away the said shipp ; but so it is that the m^'chants, M'
Hugh Browne & M' Philip Jackson, two of them being men, as wee are in-
formed, well affected to the king and Parliament, are hereby much weakened,
and both themselues and divers others are also discouraged from sending any
further supply unto us, whereby wee are like to be much distressed for want of
such necessary comodities as they were wont for many yeares to send to us, —
May it therefore please this high Court ^ ^ this cause into their se-
rious consideration, and so to tender the great losse of the said marchants, and
the interruption of our trade, by this meancs, as it may be declared by some
act of the same, that no such attempt may be made hereafter upon any shipps
in our harbors, or of any of o' confederats in Newe England, and that such in-
couragement may be given to the marchants of the cittye of London, or other
places, for suppliing of us in due time, as to the wisdome of this high Co't
shall seeme expedient
•M a Session of the Gen'aJl Co% the 12^ of the 6^ M% 1645. [♦SS.j
12 August.
It was ordered, that there should be a millitary watch in all the townes,
& that warrants be issued out from this Co*'t to all millitary offic's for that end
forthwith.
Forasmuch as this Co't, upon good grounds, conceive it a matter of great
concernment to secure (what in them lyes) all townes w***in this colony against
the expected incursions of y* Indians, —
It is therefore ordered, that the cheife millitary officers of every company
shall w*** all diligence take care that there be a dayly waid kept upon the out
YOU II. 16
.♦
12 August.
other neces.
THE RECORDS OP THE COLONY OF
skirts of their sev'all townes that lye within their severall charges, & that they
send out careful! & dayly skouts for the rainging of the woods upon the bor-
ders of their scv'all townes, the charge to be given to the said ward, or scouts,
& y* manageing of this busines be left to the faithfulnes of the said cheife
millitary officers to presse such & so many horses within the limits of their
charges, as they shall sec necessary, for the carefull discharge of this dayly
service ; this to stand in force till the Co't or the standing councell shall take
further order ; also that care be taken to f^erve the farmes.
This Co't takeing into consideration the dayly exercise, w*'^ the severall
townes within this colony are like to have by reason of the ^^nt warr with
the Indians, & accounting it to be within the care of this Co't to pvide for the
fiafetye of ev'y part aswell as the whole, it is therefore ordered, & hereby
power is given to the cheife comanders of every company, to appoint out & to
make choyce of thirtye souldicrs of their companies in y* hundred, who shalbe
ready, at halfe an hourcs warning, upon any service they shalbe put upon by
Knapsacks & their cheife millitary officers ; and it is further ordered, that the traine soul-
diers of ev'y company shall forthwith pvide themselues to be ready w*** their
armes ready fixed, & that they have powder, bullets, match, & bandilers al-
wayes ready, according to former order, as also y* ev'y souldier pvide himselfe
a knapsack, to be in a readines (upon any service they shalbe called to) at or
before the 25'** day of this psent 6'^ A ; and if after y« said pfixt time any
such souldier shalbe wanting of a knapsack, y^ then the clarks of the bands
w'^in their severall companyes have hereby power & are required to distraine
to the valewe of 5sh* upon the goods of all such as shalbe found to be defec-
tive herein, who shall, w'** part of the said fine, pvide the said delinquent a
good knapsack, & the clarke shall have the rest for his paines.
In regard of the great danger y* Concord, Sudberry, & Dedham wilbe
exposed unto, being inland townes & but thinly peopled, it is ordered, that no
man now inhabiting & settleed in any of the said to^\^les (whether married or
single) shall remove to any other towne without the *allowance of a magis-
trate, or other select men of that towne, untill it shall please God to settle
peace againc, or some other way of safety to the said townes, whereupon this
Co^'t, or the councell of the comon weale, shall set the inhabitants of the said
townes at their former liberty.
The comission^'s of the United Colonies, haveing considered of Serieant
Maior Edward Gibons as a pson fit to be implied in cheife comand over, all
such forces as are now to be sent forth from all the colonies in ayde of the
Mohegen sachim, have thought fit to signify so much to yo", that if yo^
shall not advize us of any thing w*^^ may be a iust impediment hereunto, wee
[•96.]
*--,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 123
12 August.
may pceed to give him a full call to that servise ; & w"*all it is desired, that 16 4 5.
if yo' thoughts concurr w^ ours, yo" will please to spare him from attendance
upon the busines of this Co't, that he may ^are himselfe to be ready for y«
impliment he is now to be called unto. Answered, the Co't knoweth no iust
impediment against Maior Edward Gibons, & have dismissed him from the
service of this Co^t
The Co"^t, haveing considered (upon conference w**» Maior Gibons &
others of good iudgment .in these affaires) that Cap? Leveret is a fit persoti to
have charge as a cap?, under the comander in cheife, over part of such forces
as are to be sent out of this iurisdiction, —
The Co't conceive that M' Loyall, the surgeon, lately come out of that
Vipliment of the Earle of Manchester, in England, may be fit to be sent forth
w*** o' ^ent forces, in that impliment.
It is ordered, that a presse should ^sently be sent out for to raise the
souldiers, according to former advice.
Whereas some of those souldiers w^^ have bene sent fourth already in the lnn«« of come
psent expedition, & others who are soone to be sent forth, have, themselues,
or their masters, or parents, w^** whom they lived, some come & hay to be
cut downe & ^served, w*'** , by reason of their ^sent absence, wilbe in danger to
be lost if care be not taken for the same, —
It is therefore ordered, that in every such case the cunstables of the towne
(upon request made to him by the partye) shall pcure so much help of men
(if volentarily they may be had, or otherwise by impresse) as shall pforme so
much of such worke such souldier (if he had stayed at home) might have done
in the ininge or f>serving such come or hay, the party paying the ordinary
wages for the same, for which this shalbe sufficient warrant.
It is ordered, that Leif I Humfrey Atherton, already sent forth w* forty
men in this expedition, as soone as he shall meete w*** o' forces that are to go
out under Maior Gibons, shall have the sole comand of those 40 men, as their
cheife *comander, under the said Maior Gibons, who is commander in cheife [*97.]
of all y* forces to be implied in this expedition by all the United Colonies.
It is ordered, three horses should be pressed from Dorchest', Brain-
tre, & Waymoth, w*** sadles & bridles, to be at Boston to by 7 of the clocke in
the morning the 18*** of this 6"* A, to go to the Narragansets.
It is conceived meete y* there should be a day of humiliation throughout
y* severall plantations of this iurisdiction, the 28"* ^sent, to humble o' soules
before God for y* many sinns y* severall plantations & all y* country stand
guilty of, earnestly seeking a reconcilliation w^ him, & his bless* on o' forcesi
sent & going out, also for o' native countryes troubles.
124 THE RECORDS OF THE COLONY OF
12 August.
16 4 5* It is ordered, that Leif I Tory shalbe cheife millitary officer in' Hingham,
& act according as other millitary officers, till y* Co't shall take further order.
In regard y* the regiment of Suffi>lke will want a Berieant maior, in y*
absence of Maior Gibons, it is ordered by this Co't, y* Maior Borne shall have
power to execute the said office in y* said regiment untill y* retume of Maior
Gibons, or untill oth' co'se be taken by authority of this Co'te.
A rau. It is voted, y' the levy that shalbe issued out of this Co't for this expedi-
tion shalbe the same y* was granted the last Co^ ^izj, 6^6. 15", to be ppor-
tioned as the former rate was, upon the scverall townes, to be paid into the
treasury, the one halfe thereof at the time of payment of the first halfe of the
last rate, w*'^ is in the 8^^ month next, & the other halfe of this rate, w*** the
other part of the last rate, in the begiiiing of the first month next
It is ordered, that a ioyncr should be pressed to make a surgeons boxe
for M' Lisle, & the cunstable to pvide ould linnen for the surgeons use.
. M' Willia"* Pelham is established capl, & Edm* Goodenow ensigne, of
the company at Sudbury.
It is ordered, that M' Edward Tinge & M' FranS Norton should be
comisaries for the forces already sent, & to be sent, in this expedition, to make
pvision for them by presse or else.
A Warrant to the Surveyer Gen'all.
Forthw*** to pvide a sufficient quantity of musket bullets, pistoU bullets,
& swan shot, & match ; & if he have not lead & moulds in store, y* then yo"
take up so much leade, pis[tol] bullets, swan shot, & match, where yo" can
r*98.] fiiid the same, as may serve the occasion, giveing to the owners *severall
tickets, whereby they may receive due satisfaction from the Treasurer, accord-
ing to y* rates for w*^^ such things are sould in the shops or warehouses in
Boston, for which this shalbe yo' sufficient warrant
It was ordered, Richai'd Fairebanks should be paid by the debt of M'
Edward Tynge his byll of x*.
Tarious uten- A note of perticulers of what pvision wilbe needfull for the ^sent expedi-
tion, for the supply of 200 men : Bread, tenn thousand ; pease, thi-ee hogs-
heads ; beife, six hogshcades, cut into messe peeces ; fish, tenn kintalls ; oyle,
tenn gallons ; vinegar, one hogsheade ; strong water, one hogshead ; wine, at
• yo' pleasure ; beare, one tunn ; one hogshead of oatemeale ; two hogsheads of
flower ; butt', sixe firkins ; raisings of the sunne,two barrells ; shugar, i c. for
sick men ; candells, one dussen ; hatchets & axes, twelue ; canvis, fortye yards ;
spades & shovels, thirtye ; pick axes, sixe ; sixe kettels for boyling victuals ;
lilt for the
army
THE MASSACHUSETTS BAY IN NEW ENGLAND. 125
platters^ thirtye sixe ; payles, tenn ; canns or potts, twentye ; salt, one hogs- 16 4 5.
head ; 200 feithom of cod line. ~ ^ ~
,12 August.
This Co't, haveing taken into consideration how the necessary afiaires of ^qcl.
this iurisdiction, whether they conceme this peculiarly, or have referrence to
the rest of our confederated colonies, may be duely & spedily transacted in the
vacancy of the Gen'all Co't, (for the satisfaction of the comission" in respect of
the weighty & suddain occasions in hand,) doth expresse, that the Generall Co't
ought to be called by the. Governor when the importance of the busines doth
require it, & time & oportunity will safely admitt the same, and that all
other necessary matters are to be ordered & dispatched by the maior part of the
council of the common wealth ; and therefore to that end letters, signifiing
breifly the busines, & the time & place of meeting for consultation, ought to be
sent unto the Assistants.
Also, that seaven of the said Assistants meeting, & the Govemo*" or T«matratsu-
Deputy Govemo' being one, is a sufficient assembly to act, by pressing of soul- *
diers, or otherv^ise.
And, in case of extreame & urgent necessity, when endeavo" are reasona-
bly used to call the Assistants, & the busines to be dispatcht will not admit
delay, then the acts of so many as do assemble are to be accounted vaUd &
sufficient
It is intended, that the gen'all wDrds above written conteine in them
power to presse & send forth souldiers, & presse all manner of victualls, ves-
sells, carriages, & all other necessaries, & to send warrants *to the Treasurer [*99.]
to pay for them.
The Co't is adioumed to the first 4**^ day of the 8^ month next
At a Session of the Grefierall Courty the First of the S'* Monthy 1645. i October.
1. Inprimis, that the undertakers, their agents & assigries, are hereby grant- 600-
ed the sole priviledge & benefit of makeing iron, & managing of all iron mines
& workes, that now are or shalbe discovered & found out, or hereafter shalbe in
this iurisdiction, for the tearme of twenty-one yeares from the former graunt ;
provided, that the said adventurers, their agents or assignes, do, within three
yeares fro™ the former date, use their best endeavo" to their utmost skill to
perfect so many of the said workes that the inhabitants of this iurisdiction be
furnished with barr iron of all sorts for their use, not exceeding twentye pounds
per tunn ; provided also, that it shalbe in the liberty of any within this iuris-
diction to be adventurers with the undertakers, if, by the last day of this
126 THE RECORDS OF THE COLONY OF
16 4 5* October, they bring in their adventures, not lesse, in one mans name, then
"*" ^ "^ fifty pounds, with alowance to the adventurers for the stock of one thousand
1 October.
¥• iron worke. Pounds by them already disbursed.
2, Item : The Court doth hereby grant to the said undertakers, their agentli
and assignes, in all places of wasts, & lands not impropriated to any towne or
person, that the said undertakers, their agents or assignes, at all times dureing
the said tearme of 21 yeares, shall & may, freely, & at their own discretion,
have & take all manner of wood & timber, to be converted into coales, or any
other uses for the service of the .undertakers, as also all manner of earth,
stoanes, turfe, clay, & other materialls for buildings & reparations of any of
their workes, forges, mills, or houses, built or to be built, or for making or
moulding any manner of gunns, potts, & all other cast iron ware ; & for con-
verting woode into charcoale ; & also to get, dig, & carry away, of all manner
of stone, iron ore, & wood of all sorts, & any other materialls or things of use
for their workes : & it is hereby also granted to the said undertakers, their
agents or assignes, that they shall have free liberty to make all convenient
wayes & passages, as also all manner of pooles, dams, water courses, sluce
[*100.] *ponds for water, in all wast grounds, or other conveniences to, from, and for
the service of the said workes, built or to be built, not impropriated to any
towne or person, during such time as the said workes shall continue ; pro-
vided, if, by any pond, sluce, watercourse, dam, or any other worke, (though
in land unimpropriated,) they should spoyle, or any wayes preiudice,' the land
appropriated to any towne or person, the said undertakers shall make due and
iust satis&ction.
Y* iron worke. 3. Item : The Court doth hereby further grant to the said adventurers,
their agents or assignes, in all the grounds that are or shall be appropriated,
that the said adventurers, their agents or assignes, shall have free liberty at all
times diycing the said tearme to digg, gctt, carry |way all manner of stone or
"s.
iron oare,'& to make & use all convenient wayes & watercourses, pooles, dams,
sluces, ponds for water, & other conveniences to, from, & for the service of
the said works, through all the said grounds that are or hereafter slialbe impro-
priated, (except houses, orchards not exceeding three acres, and yards,) giving
•
such due & full recompence for the same to the owners thereof, for the timfe
being, as three indifferent men shall adiudg, whereof one to be appointed by
the said Court at the next generall meeting after the undertakers, their agents
or assignes, shall make or use any of the said wayes or watercourses, or other
perticulers herein mentioned for the services aforesaid, & one other by the
owner of the land for the time being, & the third by the undertakers or
adventurers.
V
THE MASSACHUSETTS BAY IN NEW ENGLAND. 127
1 October.
[•101.]
4. Item : The Court doth hereby further graunt unto the said adventurers, 1645.
& to their heires & assignes forever, so much land now or here *after to be in
this iurisdiction, as aforesaid, as shall containe in sixe places, three miles square
in each place, or so much in quantity as containeth three miles square, not
exceeding four miles in length, to be set out in such places & parcels as the
said undertakers or their agents shall make choyc* of, not being already impro-
priated, as aforesaid ; upon which said land the said adventurers shall have
free liberty, & hereby do undertake, that within the said tearme of ^ yeares,
(o search, sett, & find out convenient places within the said compas of land, for
the building & seting up of six forges, or furnaces, & not bloomaries onely, or
80 many more as they shall have occasion for, for the making of iron, as afore-
said, which they shall (the iron stone & other materials pving proper & fit for
the makeing of iron, as aforesaid) build & set up w***in the tearme aforesaid ;
j^^vided, that y* Court may graunt a plantation in any place where y* Co't
thinketh meete, the adventurers or their agents there residing haveing first
notice thereof, & not making choyce of the same for part of the land to be
set out & graxmted to them, for the designe of planting the said iron works, &
making iron, as aforesaid.
5. Item : It is graunted & ordered, that what quantity of iron, of all sorts
& qualities, the said adventurers, their agents or assignes, shall make more then
y* inhabitants shall have neede, & use of, for their service, to be bought & paid
for by the said inhabitants, as aforesaid, they shall have free liberty to trans-
port the same by shiping to other parts or places of the world, & to make sale
thereof in what way & place the said adventurers shall please, for their best
advantage, pvided they sell it not to any person or state in actuall hostility
with us.
6. *Item : That it is graunted & ordered, that the said undertakers,
agents & servants, shall, from the date of these presents, for ever hava^^tfen-
loy all liberties & iraunities whatsoever, ^sent or to come, equall%ith any
within this iurisdiction, according to the lawes & orders thereof for the time
being, & according to the rightes & priviledges of the churches.
7. Item : It is also graunted, y* y* und'takers & adventurers, together
with their agents, servants, & assignes, shalbe & are hereby free from all taxes,
asseasments, contribution?, & other publi^ charges whatsoever, for so much of
their stock, store, or goods as shalbe implied in & about the said iron workes,
for & dureing the tearme of ^ yeares yet to come, fro™ y* date of these
psents.
8. Item : It is hereby granted & prdered, y* all such clarks & workmen,
as miners, founders, finers, hamcrmen, & colliers, neceSsarily implied or to be
^9
1 October.
128 THE KECORDS OF THE COLONY OF
16 4 5. implied in & about the said workes built or to be built^ for any the services
thereof, shall, from time to time, dureing the said tearine of ^ yeares, be,
& hereby are, absolutely freed & discharged of & from all ordinary trainings,
watchings, {6 ; but y* every pson at all times be furnished w*** armes, powder,
ft
shott, ^<3, according to ord' of Co't
9. It is lastly ordered by y* Co't y* in all places where any iron worke is
set up, remote fro™ a church or congregation, unto w^** they cannot conven-
iently come, y* y* und'tak's wilbe pleased to pvide some good meanes wherby
their families may be instructed in the knowledge of God, by such as the Co^
or standing councell shall approve of
Whereas this Court, in a former session, chose & appointed severall hon-
[*103.] o'ed members of this comon wealth as coniissioners *in their severall sheires, to
Comis8ion'8 for meete together in some convenient place within each sheire, to consult together,
lawes*
& to retume to this Cot a result of their thoughts, tliat this Co'te may i^^eede
thereupon to satisfy y* expectation of the country in establishing a body of
lawes, this Court thinks it meete to desire the persons in y* order men-
tioned, at or before the 12^ of November next, in their severall sheires, to
meete togeather in Boston for Suflfolke, in Cambridge for Middlesex, in Ips-
wich for Essex ; & after their first meeting at the time & places above men-
tioned, by warrant from the Secretary to each comittee of each sheire, & then,
as often as they please, to appoint their owne meetings for the accomplishment
of the end so desired, & to make their retume of what they shall do herein
to the next siting of y® Generall Court ; in Cap? Cookes roome, at his re-
quest, M' Joseph Ilill, of Charlstowne ; in M' Aliens roome, M' Knowles ;
& M' Glover in M' Prichards roome. They being out of the way, or shalbe
suddenly, M' Syinonds is instecd of M' Bellingham for Ipswich, because M*"
Bellingham now resides at Boston ; & M' Bellingham to be for Boston, aded
to y® former ; & y* care of calling y® assembly to each place is in M' Belling-
[*104.] ham for Boston, M' Pelham for Cambridge, & M' Symonds *for Ipswich.
Y« grant of a The petition of Stephen Kingsly, John Garing, Francis Eliott, Thom :
Pumtame ^ Flatman, Henry Adams, Thomas Adams, John Sheopard, Henry Adams,
lunior, Samu : Adams, John Adams, Christopher Adams, William Vaysey,
Eich'd Bracket, Christopher Webb, Edward Sparlden, Thomas Meakins,
Nicho : Woode, Robert Quelues, Thom : Barret, Daniell Shode, William
Ellice, Deodatus Curtis, Thomas Waterman, Nathaniell Herman, Humfry
Grigs, John Hastings, George Aldridge, John Wheatelcy, Thomas Wilmet,
Henry Madsley, John French, & Arthur Waring is granted w*** free and full
consent, & they being about twenty of the thirty two subscribers free men,
the Co't doth thinke meet that so much land as they shall set out for their
1 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 129
towne, not exceeding the quantity of tenn thousand acres together, shalbe al- 16 4 5*
lotted to them, and that the maior part of the freemen that shall first build, &
plant thereupon, so that the whole make up the number of seaven, shall have
power to admit or keepe out whom they thinke good, & that the Gen'all Cot
should write letters to Benedict Arnold, to compound w*** Pumhome at the
easiest rate he can, for his right in any improved ground, & that the petition-
ers shall dispose of y* houses built upon y* said ground, w*** this pyiso, that
they shall pay to such as built them what the Co't shall hereafter appoint, if
they see cause so to do ; this is granted pvided they go on, & ten families be
there within this twelue monthes.
*In the Case between Cap? Smith, Kaezar, Sellick, & Grosse. [*105.]
1. That Cap? Smith was cheife comander of the ship Rainbowe, &. mar-
chant of the goods, & so both at his dispose.
2. That Kszar, ^5, had no power nor iust cause to bring away the shipp
from Barbadoes, but in so doing did breake their covenant or charty party,
notwithstanding the danger he pretended he was in, in regard of his ownc
pson or y* losse of y* marchants goods.
3. That therefore both he & y* rest of y* sailers (in strictnes) ought to
loose their wages.
4. That Ksesar should pay to Smyth these ensuing damages, viz : For
lose in wine, that might have bene sould to more pfit at Barbadoes then at
Boston, the some of nynety pounds ; for Smyth & his mans charges at Bar-
badoes comeing hither, & for other difiamation here & there, y* sume of fiftye
pounds.
For the negars (they being none of his, but stolen) we thinke meete to
alowe nothing.
5. All circumstances considered of Sellicks carriage at Pascata^, & his
letter to Kszar, at Barbadoes, wee thinke it equall that Kcezar, Sellick, &
Grosse should onely have their principle sumes adventured paid them.
6. The shipp & pceed of y* cargo to be delivered as now shee is to Cap?
Smyth, he paying such due charges as hath necessarily bene layd out about
her since her comeing hither, that shee is now y* better for, to be iudged by
Goodman Chaffye & Goodfli Garret, & that y* ship may be stayed till y* order
is satisfied.
That Cap? Smith should alow Kaesar 10*, for threatening to pistol him,
& y* Cap? Smith take his remedy for the seamens wages.
*It is conceived iust, that y* petitioner, Robert Turner, should be alowed [*106.]
after eight in y* hundred, since his bills were signed, & a warrant to be ^^^Tum'.
VOL. II. 17
130
rr
IHE RECORDS OF THE COLONY OP
1 October.
601-
Castle.
1 6 4 5« directed to y* Treasurer to make good & speedy payment of y* whole, being
as by y* petition about 100*.
After many agitations about finishing y" Castle & setling a garrison there,
it is concluded & ordered by j^ Co't as foUoweth : —
First, that y* country shall alow 50* for y* building of y* captaines house ;
(2.) y* y* country is also to alow 100* toward y* finishing of y* said worke, &
y* according to former order of Co't, & for any further charges for finishing y*
said worke, the five townes w*^ undertooke it ar to see it fully finished ac-
cording to agreem* ; and for j^ settleing of j^ garrison, it is furth' ord'ed, y* y*
cap? of y* Castle shall have the whole charge of pviding a sufficient gunner, w*^
10 men for y* whole yeare, & 10 men more for 8 months, according to y* form'^
ord', & to be alowed for hiipselfe, y^ gunner, & y« rest of y* garrison yearly, y*
sume of 280*, to be paid him in mann'^ following : First, for y* ^ent year i pt
in hand, anoth' ^ pt at 6 months, y* last ^ pt at y® yeares end ; and for y« time to
come to be paid in two payfiit", y* one at halfe a yeare, y® oth' at y* yeares end ;
& what hath bene already layd out by y* cap? to have speedy satisfaction for y*
same ; and likewise it is furth' ord'ed, y* y* said 280* above mentioned shalbe
paid him in mann'^ as folio weth : vizj, 52* by Boston, y* i in come, or such
pay as y* cap? will accept as oth' townes, y* oth' J in mony, bever, or shop
comodities ; 20* 16* by Dorchest', in wheate, pease, rye, barley, Indian, or fat
cattle, of each of like value ; of Cambridge, 20. 16' in y* same pay ; 20* 16*
by Charlstowne, whose pay y* cap? accepts; & of Roxb'ry 100 bushels of
Indian meale, deliv'ed at y* Castle, & 12' in Indian or oth' pay ; furth',
it is agreed, y* y* cap of y* Castle shall have y* use of y* iland to himselfe,
& y* y* cap?, w**^ y* garrison, to be free fro™ all country charges, and y* ^sent
gunn' shall have timely warning to pvide for himselfe between y* & y* spring,
& to be satisfied for his service during y* time he remaines y', & y* order for
y* pay by y* five townes distinct. is limited to continue but to y* end of x
years, for w®^ time onely y* said townes did at first und'take, {6,
It is ord'ed, y* Cap? Davenport shall have 20* paid him to pvide a greate
boate for y* use of y* Castle.
*For y* better defraying y* great charges y* necessarily attends y* publike
occasions of y' comon welth, w*** by all is desired to be lessened as much as
may be, —
Its ordered, every person y* shall receive any wines fro™ any vessell,
a shorje on any part of y* iurisdiction, shall pay, to y* officer appointed to re-
ceive it, for every butt of sack 10*, & so pportionable for lesser vessels, & for
every hogshead of French wines 2^% & so pportionable for lesser vessels, w"*in
6 dayes after his receite thereof, eith' in mony, good marchantable beaver, or
[♦107.]
602-
Wines impos.
THE MASSACHUSETTS BAY IN NEW. ENGLAND. 131
in y* best of y* same wine at y^ m'^chants price ; & if y'^ be any pson that shall 16 4 5*
not, w***in four dayes after y* receite of any wines a shore, enter y® same into y* ~ ^
book. of,, .oid officer, «, »u.h „ Alb. toond o, pved u, be recelvod & oo. ^r""'
ent'ed into y* said offic" booke, shalbe forfeite to y* sole use & benefit of y*
country & officer, halfe to y* country & halfe to y* offic', or y« worth thereof
in like gooa pay as before ; & y* former order for y* 20"* part is hereby re-
pealed, & all form'^ ord''s, for any rate or imposition upon wines, are repealed
also, & y* y* offices be appointed to have alwayes a deputy, where himselfe can-
not be psent. S : the next order but one.
The Co'"t doth conceive itselfe bound to afford y* offic' for y* custome of
wine all iust power to come to y* certeine knowledg of what wines, by any
pson whatsoev' in this iurisdiction, hath bene drawne, or is begun to be
drawne by y™, or any of y™ ; therefore ord', y* all such psons, licensed or not;
shalbe sumoned to the next Quarf^ Co't, there to give in, upon oath, y* truth
of what they, or either of y?*, doth or hath drawne, to y* satisfaction of y* said
officer, & y* such as are licenst, & have not given into y« Quart' Co'ts j^ truth
of what they have drawne, are contemn'^s of y« law, & should be fined for their
contempt y''of ; y* to reach to Dover & Strawberry Banke also.
The Co't conceive it meete y* all such as y* officer for y* custome of wines
know, or by any meanes can come to y* knowledg of, y* do, directly or indi-
rectly, draw, or have drawne, any wine, in greater or Jesser vessels, should, by
siimons, be brought before a Qiiarf^ Cct, y' to give an account of what they
have done, for y* time past or yet to come, since or dureing y« ord', & y*
whoever shall refuse to give a iust account of y* truth of what they have done
(if they be licenst) to be put by, y* they draw no more wine, & any oth'
m'chant, cowper, or other psons whatsoever, y* shall Tefuse as aforesaid, to
be fined for their contempt of y* order of y* Gen'all Co't in y^ respect
It is ordered, y* *y* custoine of wines shalbe left to •the care of the audito' [*108.]
generalL . ^'^
And the captaine of the Castle shall have power to demand & receive 60S—
from y* ships the custome for anchorage & tunage. Anchorage.
Whereas, by order of y* last session of y* Co't, a certeine rate was set
upon all forraigne ships, in name of tunage & anchorage, it is nowe thought
fit y* said order be hereby repealed.
And it is now ord'ed, y* all Strang's ships, V* shall arrive w*** marchan- 604-
dize, in any of o' harbo's of Boston or Charlstowne, & shall make sale thereof, 8tr»ng» ghipn.
or of j^ greater part of y* same, shall pay, by way of custome or imposition,
after y* rate of 6** y* tunn for every ship, to be paid out of y* said marchan-
dize, & y* y* m' of every such shipp shall pay towards y* maintenance of o'
fortification, for y* defence of o' said harbo's, tenn shillings ; provided, y* no
132
THE RECORDS OP THE COLONY OP
1 October.
Tunnage.
M'Ro:Saltoii
stall.
16 4 5* English shipp^ arriving in o' said harbo% shall pay any custome or imposition^
but onely towards y* maintenance of y* said fortification^ as other ships are hereby
ordered to pay, vizj : 6* 8*^ for every ship und' 200 tunn, & 10* for enery shipp
above y* said burthen. Provided, also, y* y* ord' intends not y" fro™ any shipp
cuting of y* 10* p butt y* shalbe landed on any shores w'^^in y* iurisdiction ;
|>vided none of y* vessels of o' confed'ates, or any oth' pts where o' ships are free
of custome8,X<3> shall pay any custome or imposition in any of o' harbo's.
M' Rob't Saltonstall is granted, in y* right of his fath', S' Rich'd Salton-
stall, 3200 acres of land, due for his adventure ; pvided y" land be granted
w**» y* usual pviso, & be layd out where it be no hindrance to any towne y^ is
or may be hereaft' granted.
It is ord'ed, y* Maior Edward Gibons should be put to take an oath truely
to discov'^ what gck)ds, w*^** came in y* ship Gilbert, belonging to y* Canary
marchants, are in his hands, at y" ]psent, & what debts, goods, or y* pceed y'of
of y* Canary m'^chants he hath in his hands, w®** he refusing, y* Co't voted y*
y' shalbe an execution granted on y* psonall estate of Maior Edw^ Gibons, if
he discov' not w' y* estate of y* Canary marchants are.
M' Rob't Saltonstall, upon his petition, & j^senting y* account of S'
Bich'd, \md' y* attestation of y* publike notary, & oth'^ evidence pduced, is
alowed these *perticulers, vizj :
For 5 barrels of powder, SO* 00
For his expences upon y* quo worranto, 20 00
For y« monyes paid to M' White & M' Ballard, . . 50 00
out of w^** to be deducted, w*^** he is satisfied, 9* ; & for y* mony put in as
adventure, {d, he ought to be alowed his due pportion of land, w*'' is granted
before, as oth' adventurers & und^'takers are to have, to be set out upon peti-
tion, according to y« usuall course.
Concerning y«. medowes in Watertowne, seing he hath form'ly had full
hearing, both in y* & oth' Co'ts, & determination by due course of iustice, he
ought to rest therein, & not further to trouble this. Cot about y* same.
For y* 36* paid to Pont, we find no reason to alow it, seeing neth'^ hee
nor M' Humfrey (who implied him) were o*^ agents, or set on worke by us, &
M' Humfry had 500* or more in his hands, w^ he received for y* country,
out of vf^^ he might have paid him, if he had scene cause for it.
For y* 50* for ordinance, it appears M' Rob't hath received y« ordinance
againe, as himsclfe confessed ; tenn pounds is also to be discounted for y*
overplus he made of y* count ryes guns above his 50*.
It is y* mind of y* Co't y* M' Eob't Saltonstall pay his fine w*'*' he was
fined y* last Co't, for his grosse evill, (& if it had bene more,) before y* above-
named sumes be satisfied.
[♦109.]
Saltonstall.
M' Robrt Sal
tonstalL
THE MASSACHUSETTS BAY IN NEW ENGLAND. 133
The Co't conceiveth y* y* letter of attumy herew*** sent, whereby S' 16 4 5*
Sich: Saltonstall firrants to M' Rob : Saltonstall all his debts, f6, in Newe Eng- """ ^ "^
. . . . . 1 October.
land, to his owne use irrevocably, is sufficient warrant for him to receive what
is ord'ed to S' Rich'd fro" y* country, & y* iP Rob'ts discharge wilbe suffi-
cient to satisfy y« order, & y* no oth' is to be expected fro™ S' Rich'd, seeing
he hath no pow' now to authorsh any other ; y'fore it is ordered, y* y* Secre-
tary (upon receit of a gen'all acquitance, according to y* ord',) may give war-
rant (to be signed by y* audito') for y* Treasurer to pay him y* remaind' due
to him, y* 29* being deducted, according to y* 2 ord's of y* Court, & what -is
owing by him besides for actions entered.
Forasmuch as this Co't hath imposed a poenalty upon Boston & oth' Castle,
townes if their worke w*** they have und'taken at y* Castle be not finished by
a time pfixed, & w'as diverse of y* inhabitants do refuse to contribute to y*
charge y'of, upon ftence y* it was a volentary act, it is thought fit (in regard
y" Co't hath given alowance y'to, & now requirs a speedy pformance y'of )
y* y* Co't would now order, y* y* cunstables of y* sev'all townes so engaged,
& ev^y of y" respectively, may have power, by vertue of their office, to levy
all such sumes as have bene or shalbe assessed towards y* fortification *of the [*110.]
said Castle, & y* maintenance of y* same, & of y* garrison there, according to
y* order of Co^t. The gunner is now (upon his desire) discharged, w^ ord'
to consider his time spent this sumer, & allow him for it.
Boston hath 14 dayes granted y™ from y* 18*** of y* 8*** month, as other
townes have.
Whereas y« towne of Salem, lying so open to y* sea, is in great dang' of An ord' for Sa-
suddaine attempts by a forraigne enemy, & y'fore great care is to be had i,^ ®™ **P
these dangerous times, it is ord'ed, y« cheife millitary offic' of y* band y'
should inhabite in or nere y* harbo'. Y" Co't, considering y* Captaine Traske,
who hath bene many yeare their cheife officer, dwels so remote fro" y* jpt of
y* towne as he cannot be helpfiill upon any such suddaine occasion, doth
hereby discharge him of y* office, w*** all due acknowledgm* of his faithfrdnes
& form' good service to y* coimtry, & do hereby appoint M' Willi : Hathorne
to be cap? of y* said millitary company or trained band of y* said towne, to
exercise y* said office, & continue therein, untill some oth' shalbe duely chosen
& confirmed in y* said office, according to y« ord' of y* Co't ; & Willi : Clarke
to be his leifl dureing y« said time, & Ensigne Dixie to be ensigne til y* Co't
take furth' ord' herein.
The Co't have agreed y* Cap? Bridges shall have 2 men such as he shall
make choyce of, & ar wiling to go w*** him, who may accompany him in y*
service y* country hath called him unto, as also y* he shall have a youth to at-
tend him as a page, or in his chamber, & these upon y« charge of y* country.
134 THE RECORDS OF THE COLONY OF "
16 4 5. It is ord'ed, y* a lett' be writ to Benedict Arnold, & y* bond sent him,
^"^ "^ & ord' for him to receive y* 17* or y* stores into his hand, & he to be account-
1 October. , 1 ^ ^
able for y* same.
BunelL M' Sparhauke & Leifl Mason are appointed a committee w**» all pow' to
dispose of y* child'n of Goodman Bunnell; if their grandfath' will not take
care of y"*.
M» Lead" bills. The Co't, consid'ing how offencive it wilbe to o' freinds in England, &
not onely dishon'able to y* Co't, but very J^uditial to y* whole whole coimtry,
if these bills should be returned ptested, do conceive it needfuU to alow y*
same in such pay as y* country will affoarde.
The magistrates haveing taken y* acknowledgm* of John Cowdall & his
wife, for pasing ov' y* dweling house & ground to their sonne in law, "Willi :
[♦111.] Davies, y* Court *doth consent to confirme'it to y* said Willi : Davyes.
An ord» about The Court, being still mindfuU of its duty, doth endeav', as much as in it
lyes, y* all meanes may be used to bring the natives to y* knowledge of God
& his wayes, & to civilize y™ as spedily as may be ; & y* some such course
may be taken as may cause y™ to observe those rules, its desired y* notice
may be given to y* reverend elders, in their severall sheirs, of y*. ready mind
of y* Co't, upon mature deliberation, to enact what shalbe thought meete here-
abouts, & of their desires y* they would take some paines therein, & returne
their thoughts about it to y* next siting of y« Gen'all Co''t.
605— It is ordered, y* y« marshall shall attend y* execution of all warrants from
attendhia of- y* Treasurer w***in two months after y* date & delivery y'of unto him, upon for-
*^* ' feiture out of his owne estate of x" in a pound of such pticulers in y* Treas-
urers warrant as he shall neglect his utmost pow' for obtaining y'of, if they
will not be otherwise obtained, & y* he likewise attend y* geting in of fines, in
such lesse times as he shall see meete, w' there shall be danger of losse by so
long forbearance.
Strawb7 Bank The Co'*t, Considering y* great charge of y* country by y* pvicion w*^ is
& Dov
made for each memb' of y* Co't, y* Strawberry Banke & Dover having sent
their deputies hith% & being pvided for w"* y* rest, for w^^ they are yet be-
hind, & have not satisfied for, have appointed Willi : Parks & Leifl Atherton
a comitjee to examine w* they stand indebted to y* country for their deputies
dyet these 4 or 5 years past, & to certify y* Co't y'^of, y* so they may be ^sently
sent to for it.
606— It being requisite y* all inhabitants w*^in y" iurisdiction should endeavo'
usefull."^ * *^^ ^^^^ armes as may be most usefuU for their owne & y* countryes de-
fence, it is y'fore ordered, y* no pecces shalbe alowed for serviceable, in o'^
trained bands, but such as are ether full musket boare, or basterd musket at y*
least, & that none should be imder three foote 9 inches, nor any above foure
THE MASSACHUSETTS BAY IN NEW ENGLAND. 135
foote 3 inches in length, & y* ev'y man have also a priming wyer, a worme, & 16 4 5*
scourer fit for y* boare of his musket, w*** we find not required in any former '"'" r"^*'
. 1 October.
order.
Forasmuch as y* Co't hath form'ly granted y* y'^ should be a village upon 607-
Ipswich Ry ver, at or neere a place called y* New Medowes, & forasmuch as Y* village by
, , Ipswich.
c'teine of y* inhabitants of Ipswich who have farmes impved necr y'unto, &
do desire y* a minist' might be settleed y' to dispence y* word to y* ^sent in-
habitants & such oth" as shall plant y™selues at y* said village, whom yet not-
w***standing they are no waycs able in any comfortable mann' to mainetaine a
minister, & to defray oth' necessary charges of y* place, if w***all they should
be lyable to all other rates & publike charges of y* towne of Ipswich.
This Co^t doth therefore hereby order, y* either y* whole towne of Ips-
wich shall equally contribute (w*^ such oth' inhabitants as have lands in or
neere y* said village) to y* maintenance of *a minister, & all other publike [*112.]
charges incident to such a village, or else y* foresaid inhabitants, y* have lands
neer y* said village, & shall contribute to y* maintenance of a minister y', &
oth' necessary charges, shalbe freed fro™ all mann' of rates, charges, or contri-
butions to y* towne of Ipswich for their land or stock in or belonging to the
said village.
The Co^'t, haveing heard what y* leather dressers (being petition'^s) & 608-
Balph "Woory (who is y* onely man they informe against for carriing goate ^**® iWnM.
skins out of o'^ iurisdictipn) could say about y" busines, have thought it equall
y* y*. said Balph Woory shall have liberty to send 8 dussen of goate skins, P»vided for
w^** he saith be hath already sould to be delivered in England, & y* for y* time
to come, if he or any oth' shall ship any to be transported out of y* iurisdic-
tion, unlesse they be dressed & made into gloves, or some oth'^ garm**, all
such goate skinns shalbe forfeited to y* comon wealth, or y* value y'of, if y
skinns cannot be found.
Upon y* petition of severall of Marblehead, Arthur Sanden is granted
licence to sell wine there.
To M' Thom : Fowles petition y* Co't answered, they know no way to
help him, but to certify y* truth of y* pceedings between Mada™ Latere,
«
Bayley & Barkley, & to leave him to his lawfull remedy against Alderman
Barkley.
To y petition of M' Stephen Winthrope & M' Joseph Weld, y« Co't
answ'cd, they know no way to help y* petition's, but to certifye y* truth of y*
pceedings of y* Co't between Madam Lato', Bayley & Barkly, w*** they are
ready to do, & to leave y™ to take their lawfull remedy against Alderman
Btirklcy.
136
THE RfiCOBDS OF THE COLONY OF
16 4 5.
1 October.
H'Manh.
Nuhaway
plantation.
[♦113.]
J:W:
Comitte to
lay out y way
between
Dorchster &
Weimoth.
609-
Ag* transportg
powder.
Upon y* petition of M' Joseph Hill, in behalfe of M' Thorn : Marsh, for
y* adventure of 83^*, he is granted to have so much land w'^ he can find a con-
venient place, as his adventure requireth, according to y* proportion agreed on
for such adventurers.
Upon y^ deposition of M' Isaac Allerton y' y' is 49. 12" resting due to
him, y« Co't thinketh meete y* y* Treasurer should discharge y* same.
Upon y* petition of y* und'tak's for y* plantation at Nashaway, y* Cot is
wiling y* John Hill, serieant John Davies, John Chandler, Isaack "Walker, &
Mathew Barnes, or any three of y™, shall have pow' to set out lots to all y*
plant's belonging to y* said plantation, pvided y* they set not their houses too
far a sund', & y* great lots to be pportionable to mens estates & charges, & y*
no man shall have his lot confirmed to him before hee hath taken y^ oath of
fidelity before some magistrate.
M' Symon Eyres being form'ly chosen clarke of y* writs for Watertowne,
& his implim** being gen'ally at Boston, upon y* desire of y* towne John
Sherman is appointed clarke in his roome.
♦Upon y* request of y* Deputy Govern', y* Co't granted y* y* 50* form'ly
granted him for his service in the place of GovV, @ 1642, should be paid
him out of y* treasury, deducting 5* for Katherine, one of y* maydes brought
ov' upon y* countrye^ stock, & placed w^^ him.
M' Wheelock being ^sented by y* towne of Dedham as a person to sol-
emnize marriage y', y* Co't doth thinke meete to grant their request
Leifl Tory,Leifl Atherton, & Stephen Kingslye are appointed a comittee
to veiw y* neerest way between Dorchest' & Waymoth, & to return their
thoughts to y* next siting of y* Gen'all Cot.
The Cot thought fit to write to M' Williams, of Fascata^, (und'standing
y* y* neg's w*'** Cap? Smyth brought were fraudulently & iniuriously taken &
brought fro" Ginny, by Capl Smiths confession, & y« rest of y* Company,) y*
he forthw**^ send y* neger w«*» he had of Cap? Smyth hither, y* he may be sent
home, w*^ y* Cot doth resolve to send back w"*out delay ; & if yo'* have any
thing to aleadge why yo^ should not retume him, to be disposed of by y* Cot,
it wilbe expected yo^ should forthw*** make it appear, either by yo'selfe or yo'
agent, but not to make any excuse or delay in sending of him.
The Cot haveing appointed a comittee, Willi : Parks & Leiff Atherton,
to examine all bills w*'** may be thought fit to be signed for y* Treasurer to
pay for all bills that shall come in this Cot.
It is ord'ed, y* whosoever shall transport any powd' out of y* iurisdiction
w*^out leave & licence first obtained fro™ some two of o' honored magistrates,
shall forfeit for every such ofience w* shalbe so transporting ; & y* y' may be
THE MASSACHUSETTS BAY IN NEW ENGLAND. 137
no defect for want of an offic' to take care y'abouts, Josua Scottaway is 1 G 4 5*
appointed }*• publike offic' of y* country in y* respect, & hath hereby pow' ^ ~
granted him to search b11 psons & vessells y* are or shalbe any way Buspitious
to him to be breakers of y* Co'^t ord' in y* respect ; & w* he finds in any ves-
sels or hands w***out order, as aforesaid, to keepe y* one halfe to his owne use,
in recompence of his paynes, & to returne y* oth*" halfe y'of to y* Treasurer.
Upon y* petition of John Cauklin & Ananias Coukclayne, (who have bene Y-glaw worke.
implied about y* glasse worke, w*=** y* und^'tak's have for y* three yeares neg-
lected,) y* they might be freed fro™ their engagment to y® form*" und'takers, &
left free to ioyne w*** such as will carry on y* worke effectually, except y*
former und'takers will forthwith do y* same, the Co't conceive it very expedi-
ent (in regard of y* publike interest) to *grant this petition, pvided y* if any [*114.]
of y* pties interesed shall (upon timely notice) shew cause at y* next Qu^er
Cot, at Boston, w'upon y* magistrates shall iudge it equall y* y* cause should
have a furth' hearing, y"* y* full answere & determination of y" petition shalbe
defered to y* next Generall Co't; oth'wise y* petition's shalbe at liberty,
according to their desire.
Whereas Leif? Ath'ton & Serieant Davies were by y* councell sent out
w*** forty souldi's to y* ayde of y* Mohegone sachim, Uncas, it is thought meete
by y* Co'te, in respect of y* f^iousnes of y* season, &• y* multitude of their
occasions w^ they left, w^** }-* meannes of y* pay they are like to have for
their paines, y^ each souldier in y' iomy implied shalbe alowed, above &
besides their dyet, 8' p weeke, y* serieant 20* p weeke, & y* leif ? 40* p
weeke, y* rest of y* souldiers to be alowed 6" p weeke ; w*ever each or any
souldier hath had fro"* y* country to be deducted out of their wages ; & for
y^ men, carts, & oxen implied in y* service, to be thus satisfied : for 6 oxen &
cart, each day, 4" p day ; for y* men attending y'^upon, aft'^ 6* p weeke. Y*
Co'ts meaning is, y* y* colony should onely as a gratuity beare y* 2* in y* first
fortye souldiers pay per weeke.
Whereas y* towne of Cambride hath ^sented M' Joseph Cooke, M'
Edward Collins, & Willi : French, w*** a desire to y* Cot to cause one of y™
to be instauled leifl, & also have psented M' Samuell Sheopard, John Sted-
man, & Thomas Danforth, one of w^^ to be enstauled ensigne, —
The Cot thinketh meete to desiie M' Joseph Cooke to take care of y*
company in y* absence of y* cap?, & till y* Cot shall take furth' ord', & y*
John Stedman be established ensigne.
The Cot thinketh it meete y* M' Peet" & M' Weld, being sent ov' as M' Peters *
n * n 1 . 1 T 1 T • 1 M» Weld called
psons nt to negociate tor y« country, havemg been long absent, desire they may ^^q^^,
und'stand the Co'ts mind y* they desire their ^sence here, & speedy retume.
VOL. II. 18
•v>
1 October.
a38 THE BECORDS OF THE COLONY OF
1 6 4 5. This Co't haveing chosen Harbert Pelham, Es^, & William Hibbens to
examine y* receites of M*" Rob'^t Saltonstall of y* goods received of John
Humfry, Es^, granted unto him by two iudgm**, amounting to 187* 3" 4*, &
"w'as it is suspected y* said Rob't hath received more y** y* sume aforesaid^ —
Its therefore conceived by y* Co't y* y* comittees are required to take y*
accounts fro" y* said Rob't ; & if y' be any more received y** y* aforesaid
sume, y* y** y* said debt due fro™ y* coxmtry unto S' Rich'd, y* jpt y'of, or y«
whole, shalbe deposited in y* hands of y* Co't, for satisfaction to the said M'
Humfiyes.
[*115.] *The Co't thinke meete y* a letter of thankfulnes should be sent fro"*
this Co't to M' Pocock & y* rest of y* comission's for their paines & care in
o' affaires, & perticulerly in y* w^ Alderman Bartley.
The Petition of Rich'd Saltonstall, Es^, M' Symon Bradstreete, M' Samuell
Symonds, M' Rich'd Dumer, M' Willi : Hubberd, Cap? W°* Hathome,
& M' W" Paine.
610- First, y* they may be established, by ord' of y" Co't, as a free company
of adventurers, w*** liberty to admit & take into o' society such oth's as wee
conceive to be meete for y^ advancment of y* worke, & to make such holesome
ord'" for y^ well managing of o' trade as is granted unto such companies in
other parts.
Secondly, y* w*soev' trade they shall discov' w^'in y« compas of three
yeares next ensuing, if y* Lord blesse o' endeavo", we may enioy it solely to
o'selues & y* rest of o' company for y* space of 20 yeares after such discovery
made & houses built, w^ full pow' & authority fro™ y* Cot to inhibite &
restraine all oth'^ psons w*soev', during y* tearme aforesaid, y* shall attempt
any trade by y™ so discov'ed & setled, w"*out y* warrant of y* aforesaid com-
pany, or if they bave or shall intermeddle therein as aforesaid, y* y'* it may be
lawfull for y™ to seize upon such goods so traded ; & they are granted letters,
und' y* publike scale, to y* French, or any oth' they may necessarily have to
do in y* psecution hereof for the further countenancing of their pceedings.
Lastly, they are granted y lite Hberty & poW^ y use of a caravan, to be
advanced any way up in y« country, as far as they shall see meete ; pvided, it
shalbe lawfull for any man to set up any trading house, & to trade in & upon
any such rivers, so as y* same be not w^in 20 miles of any such trading house
as y* company shall erect.
It is intended y* no trading house, w*** such like priviledges, shalbe
erected w^^in 50 miles of any plantation y* is in o' iurisdiction, y* is planted
by y* English ; & it is intended y* any man w"*in o'^ iurisdiction may put in
1 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 139
his adventure, & be of y* said company, so as he cometh in w*'*in twelue 1 6 4 5.
monthes.
Pvided, also, y* if all y* United Colonies shall agree unto & carry on a
gen'all trade at any time hereafter, y* y° y* company shall surcease fro™ going
on in y" jpticuler way of trade w*^ such as have like pow' of pticuler trade, so
as y'^ be first due satisfaction made to y* company, & any oth' y* shalbe
expended about y* psecution of y* said jpticul' trade. Y* is granted by y*
Co't, so as it contradict not y* form' grant to M' Hill & M' Tynge, {^,
Upon Willi : Wilson his petition, it was ord'ed, y* y* 6 yards of trucking Goods ret. by
cloth w*^^ was bought for Cap? Bridges attendants at their retume shalbe lent Bridges,
to y* keeper.
It is thought meete y* those things, vizj, cotton woole, canvas, or else,
w*** retumes w** Cap? Bridges returnes, should be deliv'ed to M' Sparhauke &
Leif? Mason, to be disposed of to Goodman Bunnell & his use.
•Upon y* petition of Henry Woolcote, Darnell Clarke, Joseph Newe- [*116.]
berry, Benia : Newberry, M' John Wareham, & Willi : Geler, on y* behalfe
of y* three yongest daught", y* Co't granted y* y« farme bought of M' Pin-
chin, w**^ its appurtenances, y* 16 acre lot, w*** y* bame upon it, & y* 40 rods
in the little neck, should ^ ratified & confirmed to M' John Glover.
Sagamore Eaynowet, for consenting to y* Narragansets, was fined 10
fiithome of wampom ; to pay 5 fathome y* yeare & 5 fiithome y* next year ; &
he was admonished never to do the like ; if he did, to be cramed.
It is ordered, y* James Penn shall have 20*, to be disposed among such
of his servants & helps as have bene implied about y* dyet & attendance of y*
Co^t, & y« late meeting of y* commission" ; 10* thereof to y* ^sent cooke, y*
wife of ^ Mills, & y* rest to oth' servants & helps.
Upon y* petition of Alexand' Beck, the Co't conceive fit he should have
8» p weeke for y« boy, y^^ is 3. 18» to- y 14«». 8**^ A, & 2» p weeke for y«
mayde to y« 14*^ 8*** A, is 1. 16% to be paid out of y treasury in regard those
were put to him by y* Co't or magistrates, & if any towne or pson be charg-
able w^ eith' of y", y* it be required by y* Co^t afterward.
George Smyth, for his adventure of 25*, is granted 200 acres of land, w'
they shall require it, so y* it be neith' w'^in y* limits of any towne, nor w' it
may hind' y« planting of anoth' towne, hereafter to be granted, w*^ is agre-
able to oth' grants formerly made upon like grounds.
Upon y* petition of Rich'd Saltonstall, Esq'^, M' Hibbens is appointed,
(with M' Nowell,) in y« steede of M' Mayhewe, to take M' Saltonstalls ac-
counts about y* estate of Jn** Dillingha™, deceased.
140
THE RECORDS OF THE COLONY OF
18 October.
Castle.
[ni7.]
611-
Gen'all Cons
to be kept by
tumes.
It is ord''ed, y* y« 5*, w«^ M' Pelha" disbursed to Cap? Bridges, in ready
mony, for y* countryes occasions, be forthwith paid him in y* best pay y*
Treasurer shall receive, although ho should not demand y* same.
Obedia Go vis is by order to be discharged.
M' Pelham, & y* deputies of Charlstowne & Cambridge, are appointed
to reade over y* orders.
Whereas, in a form' session of y" Co't, y* deputies ingaged y"selues to pay
unto James Penn about y* sume of sixtye pounds in mony, beaver, wheate,
or barly, or cattle, y* same not being pformed, it is now ord'ed, y* y* said
sume be forth w*** paid by y* Treasurer, according to y® said ingagement.
18^ 8^ M\ 1645.
The Co't being much troubled y* y* Castle is, & hath bene, so long neg-
lected, thinke it meete y* Boston should be fined 20*, if by y* first of y* 9*** A
they finish not y® pt w*'^ belongs to y™ at y* Castle gates, or else, & for ev'y
day y' any thing w*^** belongs to be done by Boston, & is not done after y* day,
to forfeite 5* a day more ; so for Dorchest', Roxberry, Charlstowne, & Cam-
bridge, w* worke soev' belongs to any of y™ to do, & is not done w***in this
fortnight fro™ y* day, to be fined 20* a *pcece, & 5* a day for every day y*
any thing belonging to any of those townes arc undone, & not finished after
that time.
It is ordered, that the surveyer gencrall shall keepe all y* country armes,
& sell tliem to any that will buy them, being inhabitants w*^ us, & account for
y" to y^ auditor gen'all.
The Co't thinketh meetc, y* if M" Stoughton bring two sufficient men or
more to ansere y® countiy for what her late husband stands indebted to the
country, to y* satisfaction of the auditor, shoe shalbe discharged therefrom by
y* auditor gcnerall.
Forasmuch as y" Co't hath used sev'all wayes & meanes for y« lessening
y* great charge of y* coimtry, & most equall dividing thereof, w*^ would abun-
dantly satisfy y* mindes of most, y' being now pposed a way w^ hath not
bene tryed, thinke it meete y' y' way be put in practice for y* time to come,
vizj, that each towne shall beare y* charges of y^ owne deputies at y* Gen'all
Co't, or otherwise, & each sheire y* charges of those magistrates at y* Quarter
Co'ts w' they shalbe ; that y* Gen'all Co'ts be kept in each sheire towne by
tumes, now next at Boston, then at Cambridge, & last at Salem, & so to keepe
their turnes, & w'ever y* Gen'all Co't is, or shalbe, y* sheire to beare y* charges
of all strangers & those magistrates y* reside y', & y* charges of y* magistrates
18 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 141
at y* Gen'^all Cot, & meetings of y* councell to be borne by y* sheires where 1 6. 4 5.
they live, & y* y* Co'ts be equally divided between Middlesex & Suffolke, to
be kept by tumes at each sheire towne ; further, y* Norfolke shall have two
Co'^ts in a yeare, as Salem & Ipswich, they bearing y* charge y'of, & agreeing
amongst y"selues of a convenient place : this ord' is consented to, w**^ y* adition
& condition, y*, first, y* arrerages of all o' dyct shalbe all paid for at Boston ;
yn yt ye j^gxt yeare, bcgining in May, 1646, y* Cots shalbe at Boston, & so y« i646.
two next yeares at Cambridge & Salem successively, & y* at y* end of those
three yeares all y* Co'ts shalbe kept in y* places & at j^ times they now are,
unlesse *y* Cot do take further order therein. [*H^*]
M' Hibbens, M' Sparhaukc, & M*" Rawson are appointed a comittee to
take y* accounts of M' Downing & M' Nchemiah Bourne, for y* debt w*^*» y^
last year M' Do^vning was questioned for, if it may be in y* siting of y* Cot,
or else before y* ship goes for England ; & they liave pow^ to sumon, to ap-
point y* time of meeting for y' end, & eith' to signe him or y™ a bill to y*
Treasurer, if any thing be due to him or y™ fro™ y* country, or to use all y*
meanes they can, or y* law afibrds, to pcure w* is due to y* country fro"* him
or y™, as shall appeare.
Upon M' Simkins testimony y^ he carried three peeces of ordinance to y*
Castle in a lighter, about tenn yeares ago, w'of one was a sacre, w*=*» M' Bel-
lingham said was his owne, & some of y* people said it was M' Bellinghams
gunn, it is conceived iust y* y* same, or y* like gunn, should be deliv'ed to
M' Bellingha"* by y« surveyer gen'all.
Upon a petition of div's psons, for consid'ation of y* lawe about new-
corn's not staying above three weeks w"*out licence, & y* lawe against Anabap-
tists, J* Cot hath voted y* y* laws mentioned should not be altered at all, nor
explained.
Whereas y* Cot hath foimd, by much experience, w* damage y^ country 612—
sustaines for want of keeping exact accounts of all monyes y* is due to y* * ° ' °' ^
country, eith' by gifts, fines, rates, legacies, & otherwise, as also of monyes
issuing fro™ y* country upon sev'all occasions, they have thought fit, y* 15*** of y*
8^ A, 1645, to elect & make choyce of Leiff Nathani : Dimcan to be auditor Auditor gen»,
gen'all for y* country, & have conferd upon him thirty pounds p annum during
y^ pleasure of y* Cot, to be paid him by y* country for his paines & care y*
he shall take in y^ faithfull discharge of y' place, who is also to take his oath
for y* due & fdthfull execution of his office, w° hee shalbe called y'unto, who
also shall give an account y'of to y' Cot, as often as he shalbe required
y'unto. 1. It is therefore ord'ed by y* Cot y* y* said auditor gen'^all shalbe
18 October.
142 THE RECORDS OF THE COLONY OP
1 6 4 5. carefull to place no debt upon y* country w*^ doth not rightly belong to y"
to pay, or w^^ doth more pperly belong to any colony, towne, qt pticul' pson
to discharge ; & if y' should be any doubts arising herein, or in any such like
paymS y* he suspend y* paym* y'of till y* Co't hath determined y« same.
2. That he shall examine all notes, bylls, & accounts upon w®** y« country
is to make paym* or satisfaction to any pson, & to agree w*^ y™ about y* rates
& prizes set downe, if they seeme to him unreasonable, or if they have not
[*119.] before *bene agreed w*^, & y' for y* future he shall passe no bills to y* Treas-
urer to pay, except they bring jpticular notes und' y* hands of such y* have
received or taken up any thing for w*^ y* country is to be charged w*, as for
ferrages, messages, dyet, & such like things ; & y* Treasurer shall not alow
any bill, {^, before it hath bene signed by y* auditor, who is to be as an equall
iudge between y* creditor & y* country, y* wrong may not willingly be done
either way.
Correct acc» to 3. That he keepe pfect books of account of all such things y* shall passe
*^ * through his hands, apertaining to y* country, or signed by him, to be paid by
y* country, as also of all debts & dues belonging to y^ coimtry, eith** by fines,
rates, gifts, legacies, rents, customes, impositions, or any oth' wayes ; & y* hee
may y* better do it, y* Secretary fro™ time to time shall, after every session of
y* Gen'^all Co't, & at y* end of every Quarter Co'^t, or any other, give notes
of all fines, or oth' pfits y* shall ai'ise or appertaine to y* country, by entering
of actions, or any oth' way, y* he may enter y™ into his booke, & take order
for their recovery at y* times agreed upon ; & to y* end pow' is hereby given
him to sumon & call before him all farm" or oth*^ officers y* are to receive any
customes, impositions, or rents belonging to y* country, & to take their
accounts, & to ord' their paying of y™ in to y* Treasurer according to y* times
agreed upon ; also to call before him any pson y* is indebted to y* country, at
such time & place as hee shall appoint, to give account of such debts ; he
hath also pow' to issue out warrants to psecute by course of law any such
debto' as, being found in arrerages, shall not, upon demand, make due satis-
faction y^of, & y* y« marshall be ready to discharge his place in matt" of y*
nature, w** y* auditor shall require him y^'unto.
4. That he take care to put y* country in mind y* all such as bring suites
& controversies into y* Gen'^all Co't shall pay y* charges of Go't for so long
time as they shall spend in y* hearing & determining y'"of, according to a form'
ord' of y* Co't made to y* end.
5. That he take notice of every rate y* is granted fro™ time to time, & how
it is pportioned to ev'y towne, & make y* Treasurer debtor for so much, y* so
y* country may have a iiist account of y* same ; & he hath power at any time
THE MASSACHUSETTS BAY IN NEW ENGLAND. 143
18 Octobar.
[♦120.]
to examine & reiwe y* Treasurers accounts^ ♦that so his owne bookes & 16 4 5.
accounts may be y* more pfect & ready ; & if any difference or difficulty
should arise between y* audito'^ & Treasurer about any thing y* may seeme to
apptaine to y* office of y* Treasurer, or y' y* Treasurer should thinke it
apptaines to y* auditor to looke after, y* in such cases they ioyne togeth' to
do what they can, y* y* busines of y« country be not neglected, untill y* Gen'all
Co't shall ord' it between them.
6. That he shall take notice & looke aft' wafts, strayes, goods lost, ship-
wrecks, whales, ^6, or any such things of y« like nature, w' y* jpticuler owner is
not knowne ; & y* country may claime a priviledge in or comon right unto.
7. That he keepe by him a coppy of y* records & ord" of Co't, fro" time
to time, so many of y™ as conc'ne his place, for his direction upon any oc-
casion.
8. If messeng" be sent forth upon any publike occasion, or such like ser-
vice to be done for y« country, y* he agree w^ y™ for their paines ; or if any be
to be gratified for bringing letters or messuages hith', he may ord' y« same to y«
best advantage of y* coimtry, & y** direct his bill to y* Treasur' for y* discharge
of it.
9. When any shall come to give in testimony against malefiuito", in faith-
fulnes to God & y* country, & they require their charges for it, y* he may
agree w*** y™ for w* is reasonable, & in all oth' cases, wherein y* country is
to be at charge about pattents, bounds, or iurisdictions, ^5, y* he be y* hus-
band for y* country, y* imod'ate & needlesse charge be not brought upon y*
same.
10. That he take care both for y* gen'all & pticul' Co'ts at Boston,
y* they may be pvided for in a comly mann% & to y* best advantage of j^
country.
11. That at all oth' Co'ts held w"*in y* iurisdiction, eith' y* secretary or
clarke of y* Co% or some oth' w™ y* Co't shall appoint, shall take a pticul'
account of y* charge of y* Co't, & y"* leave a note und' his hand w*** him y*
hath pvided for y^ Co't, w*'' he is to bring to y* auditor to enter into his booke
before he appoint y* Treasurer to discharge it.
12. That all those things before mentioned, or any oth' things not yet
named, y* shall apptaine to y* pfit & behoofe of y* country, he hath hereby
pow' to ord' & take care of, suitable to y nature of his office,* & whatsoev'
shalbe so received he shall appoint to be paid in to y* Treasurer of y* coimtry,
& so to charge him w*** it, & take receits fro™ him for w* he receives by his
appointm*, y* so a clear account may be kept of y* charges of y* country yearely,
& w* comes in, beside rates, for y* discharge there of; & y* all former order for
A
18 October.
144 THE RECORDS OF THE COLONY OF
1645* signing of bills^ for paym**, or ord'ing of accounts^ conc^ning y* country, is
hereby repealed.
13. That y* audito' shall signe no bill to be paid by y* Treasurer, for
any y* is indebted to y* country, till he first pay his owne debt or defitult so
much out of y* he is to receive of y* Treasur*" as his debt comes to.
[*121.] *The secretaries or clarkes of ev'y Co'"t, & all such magistrates or comis-
"*^ sion's as shall asses any fines, or receive any sums for y* countryes use, by
speciall ord' shall, w"*in fourteen dayes after, estrcate such fines, or oth' dues,
to y* audito', who shall send a transcript or note y'^of to y* Treasurer, y* y*
same may be called for, or levyed, according to y« co'se of lawe, & all oth'
psons, who have form'ly received, wheth' marshals or oth' offices, or any oth'
psons, or hereafter shall receive any gifts, fines, or oth'^ dues to y* country,
shall make like certificate of y* same to y* audita, w^in one month after y*
end of y* Co'^t, for such things as are passed, & w"*in y* time before limited,
for time to come.
The Co% haveing consid''ed of y' great expence of time occasioned by
sev'all psons bringing their suites to y* Co't to be tryed here, thinke it meete
that Cap? Smyth should pay twenty nobles for defraying y« charge of y* Cot,
& y* towne of Ipswich & y* petition's of y* Newe Medows should pay 5* for
y« time their cause tooke up in y* Co't, fifty shill's y* towne, & fifty shill's y*
petition's ; & y* "Watertowne should pay fifteen pounds for y* time w^ their
cause tooke up in y« last Courte.
Whereas Rich'^d Saltonstall, Esqp, (execute'^ to y* estate of JnP Dilling-
ham, deceased,) hath tended his account, whereby it appeareth hee hath rec*
to y« value of 932. 12. 2^, & yS by ace*, is made paid 924. 2. 1*, it was
granted this retume, made by M' Nowell & M' Hibbens, (as commissioners in
y* behalfe,) may be entered & remaine upon record, as an ord' of y* Co% &
(in regard of such occasions as during my absencfe in England may arise) the
will of John Dillingham, & y* will of Sara, his wife, w*** y* inventory to be
kept by M' Nowell, w*'*^ is granted likewise.
"Whereas Rich^^d Saltonstall, of Ipswich, Es^, (executo^r to the estate of
John Dillingham, deceased,) hath tendred his accompt, concerning the said
estate, unto us und'written, being, by ord*" of the Gen'all Co'"te, appointed
comission's to end & determine the same, wee, the said comission'', haveing
pused & examined the accoimt aforesaid, do find that the said Rich'd hath re-
ceived of the estate of John Dillingham aforesaid to the value of nyne hun-
dred thirty-two pound twelue shillings two pence, 932. 12. 2^. Also, we
find that the estate of John Dillingham aforesaid doth owe, & is indebted unto,
Rich'^d Saltonstall nyne hundred twenty-foure pounds two shillings & a
THE MASSACHUSETTS BAY IN NEW ENGLAND.
145
penny, 924* 2* 1**. The said Rich'd was alowed for his disbursment & adven-
ture in the ship Seaflower, upon a former comission granted by the Quarter
Co'te, the sume of six hundred & foure pounds, three shillings, & eleven pence.
The rest of the aforesaid sume of 924. 2* 1^ is dcmaundcd for severall sumes
layd out & paid by the said Rich'd, (as executo' to the estate of the said John,
deceased,) w*** remainder, togeth' w'*^ the aforesaid sume of 604. 3. 1 1^, we
find due to him, the said Rich'd, & do hereby order, that he is & shall be
alowed *the sume of 924* 2* 1**, out of the estate of John Dillingham afore-
said. Further, we declare & signify, to all or any whom it shall conceme,
that, in convenient time, (as by ord' of the Co'te we are appointed,) it is o'
intent to survey the severall sumes received by Edw^ Dillingham, as also by
Sarah, y* daughter of John Dillingham, that the estate of the said John, de-
ceasedji may be disposed & pportioned according to his will.
INCREASE NOWELL,
WILLIAM HIBBENS.
It is ordered by the Gren'all Co'te, that this retume, (concerning the es-
tate & will of John Dillingham, deceased,) made by M' NowcU & M' Hib-
bens, (as comission's in that behalfe,) may be entered by the Secretary, &
remaine upon record, & (in regard of such occasions as during the absence of
the said Richard in England may arise) that the will of John Dillingham, &
the will of Sarah his wife, w^ the inventory, shall be kept by M' Nowell &
M' Hibbens, that the said Rich'd may be discharged thereof.
[♦122.]
"^At a GeneraU Courte^ at Boston, for Election, the 6^ of Ae 3f^ M%
1646.
1646.
6 May.
P'SENT, Y«GovW,
lucre : Nowell,
[♦123.]
Y« Deputy Go :,
M' Hibbens,
M' Endecott,
M' Flint,
M' Pelham,
M' Sjinonds ;
M' BelHngha",
Deputies,
Ca : W" Hathorne,
Ma : Edw^ Gibons,
M' Hen : Bartholomew,
Ca : Rob : Keayne,
M'^ Rich : Russell,
John Johnson,
M' Fran : Willoughby,
Willi : Parkes,
Ca : Hum : Atherton,
M' Rich : Browne,
John Wise well.
Ephra: Childe,
VOL. II.
19
J
146 THE EECORDS OF THE COLONY OF
Ca: Bo : Bridges, Lcif : Elea: Lusher,
M' Thorn : Langto", , M' Bich : Dumer,
Natha : Sparhauke, W™ English,
Edi^-o Goffe, M' Edw<» Carleton,
M' W"» Hubberd, Sebasti : Brigha",
John Whipple, Pet' Bracket,
M' Edw^ Bawson, Walter Haynes,
Thom : Dyer, Lei : Edw<* Johnson,
Bozoon Allen, Natha : Duncan, an :
Josu : Hubberd, Willi : Waldren.
Ca : Sim : Willerd,
OHN WINTHBOPE, Es$, was chosen GovV, & tooke his oath to that
place belonging.
Thomas Dudley, Es^, was chosen Deputy Govemo', & tooke his oath to
that place belonging.
John Endecott, Es^, was chosen Assistant, & tooke his oath to that place
appertaining.
Harbert Pelham, Es^, was chosen Assistant, & tooke his oath to discharge
that place.
Bich'd Bellingham, Es^, was chosen Assistant, & tooke his oath.
Bich'd Saltonstall, Es^, was chosen Assistant.
M' John Winthrope, luni :, was chosen Assistant, & tooke his oath.
M' Symon Bradstreete was chosen Assistant, & tooke his oath.
Increase Nowell was chosen Assistant, & tooke his oath.
M' Thom : Flint was chosen Assistant, & tooke his oath.
M' Willi : Hibbens was chosen Assistant, & tooke his oath.
M' Samu : Symonds was chosen Assistant, & tooke his oath.
M' Willi : Pinchen was chosen Assistant.
John Endecott, Es^, was chosen Maior Generall.
Increase Nowell was chosen Secretary.
M' Bich'd Eussell was chosen Treasurer.
John Endecott, Es^, Harbert Pelhame, Es^, were chosen commission"
for the United Colonies, & if eith' of them be hindered, M' Bradstreete to
supply, & if the other be hind'ed, M' Dudley, y* Deputy Govern', is chosen.
It is ordered, that Leifl Willerd shalbe cap? of the company at Concord,
& Tymo : Wheeler to be their ensigne there.
It is ordered, that M' W™ Hathomc shalbe cap? of Salem company,
Thom : Lothrope leif?, & Willi : Dixie ensigne, there.
[*124.] *It is ordered, that Leif? Hum : Atherton shalbe cap? of Dorchest' comp*,
Boger Clapp leifl, & Hopstill Foster ensigne.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 147
6 May.
Balph Blesdale is alowed to draw wine at Salsberry. 16 4 6.
John Bourne is alowed to set up a cookes shop at Salem^ so that he sell
no beare above a penny a quart.
Sudberry is freed fro™ y* order about salt peeter.
Cap? Pelham, Willi : Warde, & Edmond Rice are appointed & author-
ished to end small businesses at Sudberry.
Glocester is this time excused for not sending a deputy upon M' Blind-
mans testimony, y* he whom they chose was chosen before.
M' Rich'd Dumer, M' Edwa : Eawson, & M' Carleton are appointed a
comittee to search & examine things at Salsberry, & make retume of their
thoughts thereabouts, (concerning y* petition of some of y™ to be a distinct
church,) and returne their thoughts.
Rich : Hollingworths petition is not thought fit to be granted.
Jane Hawkins is denied liberty to come to us.
Swifts land is by order of Court confirmed to Thomas White.
Upon y* petition of Marblehead men, y* Co't thinke fit to declare, y* 614-
howsoev' it hath bene alowed custome for forraisne fishermen to make use of „. ^
*^ Fishermen
such harbo's & groimds in this country as have not bene inhabited by English- takg timbor,
men, & to take timber & wood at their pleasures for all their occasions, yet in
these parts w®** are now possessed, & y* 'lands disposed in j)priety to sev'all
townes & psons, & y* by his ma**** grant, und' y* great scale of England, it is
not now lawfuU for any person, eith' fishermen or other, eith' forreyner or of
this country, to enter upon y* lands so apppriated to any towne or pson, or to
take any woode or timber in any such places, w**'out y* licence of such towne
or pprieto' ; & if any pson shall trespas herein, y* towne or pprietor so iniured
may take their remedy by action, or may ^serve their goods or other interest
by opposing lawfull force against such uniust violence ; p\dded, y* it shalbe law-
full for such fishermen as shalbe implied by any inhabitants of this iurisdic-
tion in y* sev'all seasons of y* yeare to make use of any of o' harbo's, & such
lands as are neere adioyning, for y* drying of their fish, or oth' needfuU
occasions, as also to take such timber for firewood as they shall have necessary
use of, for their fishing seasons, where it may be spared, so as they make due
satisfaction for y* same to such towne or pprietor.
M' Samu : Dudly, M' Edw^ Rawson, M' W" Paine, & M' Carleton are Hampton,
appointed to search & examine all diflFerences at Hampton, & make retume of
what they shall do or find in y* f^mises to y* next siting of this Co'te, & have
hereby pow*" on oath to examine witnesses.
Micha : Powell is alowed to keepe an ordinary at Dedham. j^^
[For the names of persons made free 6 May, 1646, see the list at the end of this Tolume.]
148 THE RECORDS OF THE COLONY OF
16 4 6* M' Edw^ Bawson^ M' Woodman, & Hen : Shorte, whom Newb'y have
^ ~ chosen to be ord'ers of their affidres, are authorished to end smal causes.
6 May. * . .
T*\9M *^^ answere to Excetter petition, Antho : Staniard, Samu: Greenfeild, &
Exeter small James Wall are authorished to end small causes there.
*'''**®'* John Legat to be clarke of >•* writts there.
writta. M' Samu : Dudly, M' Rawson, & M' Carleton ar appointed a comittee to
Exeter bounds, lay out Excetter bounds next to Hampton, & so round about them, pvided
there be no intrenching on y* bounds of y* lords pattents, & gentlemen men^
tioned in y* patent of Swampscoate, or in any grant form'ly made to Dov' by
this Courte.
Ch : Tow : cl : M' Edw* Mcllowcs is clarke of y writts for Charlestowne.
o e wn u. j^ jg ordered, y* Cutshamache shalbe alowed to buy two or three pound
of swan shot, so as y warrant be left w^** y™ y* sell it him.
indiA Cap : Sa- It is ord'ed, y* y^ Indian (who received & pylated o'^ men home aft' they
were left on shore, is to be sent home,) have a larg coate & 2 tt of tobacco
given him by y* Co'tc, w^** y*" Treasurer is ord'ed to ^vide, & satisfy y^ charge
of his transportation when it shalbe required.
Wfaw impoat. It is ord'ed, y* y* audito' gen'all liath hereby pow', & is forthw*** required,
to go into all y* houses & cellers he knowes or suspects any wine to be y* is
not entered into his booke, according to ord*^ ; & the same to seize, distraine,
& take possession of, so as it may be forthcoming to y^ countryes use ; & here-
by all cunstables & oth' officers ai*c required to assist & ayde him in y^ dis-
charge of his duty, according to ord*^, taking satisfaction for w^ is entered, as
y® law requireth ; & y* auditor to give notice to such own's, whose wines he
shall find confiscate, to appcare before y* Co'te, to show cause why they should
not be confiscate.
Linne draw of In answere to y* petition of Joseph Armitagc, it is ord'ed, y* whoev' y*
wine
towne of Linn shall choose at a legall towne meeting to draw wine, he shall
have lib'ty to drawe wine there till y^ next siting of this Co't ; & y* same to
be psented hereimto.
615- It is ordered, y* George Muiiings shalbe alowed 15* p @ for his service
Keep» of the j,j y« place of a keeper of y* countryes prison, to w''** he is chosen ov', &
prison.
beside y* appointed fees belonging to y* place, & y* he is freed fro™ executing
publike correction & execution.
Hingham mil Lcifl Tory, upon his motion, is discharged fro™ ex'cisi' y* trained band in
Hingha" ; & y* care of j-* comp* is left to Ma : Ed.: Gibons till due ebction
be made & appved of by this Courte.
Dedham. In answere to y* petition of Dedham for their greate swamp to be con-
firmed to y°*, it is granted to them in ppriety.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 149
It is ord'ed, y* Rob't Turner should have 50* out of w* peag or oth' pay 16 4 6.
shall come in fro" y* Narrogansets. ^^"^"^ ~*
a TLf j»v
Eob't Whitman is refered to y* inferior Co'ts, & such like petition". ro . t
Balph Sprage & Edw** Conv'se are appointed to veiw y« bridge at Mis- Petitioni.
tick, & what charge they conceive meete, to be ^sently expended for y* mak- ^*"^ck bndg.
ing it sufficient & f>vent y* mine thei-eof, or by furth' delay to endang' it, by
agreeing w*** workmen for y* compleate repairing thereof, & to make their
retume to M' Willowghby & M' Russell, & w* they shall do herein to be satis-
fied out of y* treasury.
It is ord'ed, y* Dani : King shall appear before y* millitary offices of y« Dan : Kinge.
east regim*, at their next meeting, who shall examine his allegations conc'ning
his not apfiing, at dayes of training, to pforme such service as might have bene
imposed upon him, & to pceede w*** him according to lawie ; but for time to
come, y* Co't (in regard of his bodily infirmity) doth discharge him fro™
attendance upon ordinary trainings, for any service in armcs.
*M'HughPrichard is freed fro coinon trainings at Roxberry for 12 A» [*126.]
It is ord'ed, y» if M' Maverick & M' Maning shall please to lay out 30- ^^ ^^*"
in cloathing in England for W™ Bunnell at his arivall, on their receit und' his BuSelL
hand for so much deliv'ed by them to y* said W™ Buiiell in England, this
Co'^te determines it shalbe repaid them againe here.
In answere to y* petition of W™ Ivery, it is ord'ed, (in regard y' peti-
tion' aleages his long absence fro" home, & publike service pformed where he
then abode,) y* y* millitary offices of y* east regim* shall convent him to their
next meeting, & shall then heare & ex examine his allegations, & according
to law, & y* execution to stay in y* meane time.
The inhabitants of Braintree, for answ' to their petition, are refered to an Bnintrae.
ord' of Co'^t, made y* 7 A, 43, about comon feilds, ^5.
The Co't, consid'ing y« necessity of raising such manufactures of engins Jenkeimonop-
of mils to go by water, for speedy dispatch of much worke w*** few hands, &
being sufficiently informed of y* abiUty of y* petition' to pforme such workes,
grant his petition, (y* no oth' pson shall set up or use any such new invention
or trade for fourteen yeares, w^**out y* licence of him, y* said Joseph Jenkes,)
so fiuT as concemes any such new invention, & so as it shalbe alwayes in y*
pow' of this Co'te to restraine y* exportation of such manifactures, & y* prizes
of them, to moderation, if occasion so require.
The petition of divers of Dorchest', Roxberry, ^6, to y* numb' of 78, Pet t« Ana-
for y* continuance of such ord", w^^'out abrogation or weakening, as are in ^
force ag** Anabaptists, & oth' erronios psons, whereby to hind' y* spreading or
divulging of their errors, is granted.
150 THE RECORDS OF THE COLONY OF
16 4 6. It IS ordered, that M' Rawson, y* officer appointed to receive y* custome
^ ~ of wine y* last yeare, shalbe alowed one fourth part of what is due to y*
6 May.
M' BawMn d» ^^^^^^T ®^ ^^^ ^^^% ^ satis&ction of his charge, & expence of time expended
wine. on y* psecuting of that order, he giving y* audito' gen'all an account thereof,
y* so he may pcure it in to defray y* country charges.
High waye, In answere to y* petition of Hampton, M' Waldren & Leif ? Haward are
^ ^ ' appointed to veiw y* neerest & best way fro Dover for Salsberry y* may be,
w*** least charge, through y* woods, or else, & to enforme y* comittee y* is ap-
pointed to examine the difference at Hampton, that so, they making retume
thereof to y* next siting of this Co^'t, y* Co'te may be p\'ided to give a iust
Fine remitted, answere ; & their fine is remited, y* was imposed by y* Co'te at Ipswich, for
their defect about their highway.
Powder to Bo»- It is ord'ed, y* Boston & Charlestowne shall have two .barrels of powder
**' * ^'^' purchased fro™ y* benefit of y* impost of wine, & deliv'ed them by y« audito'
gen^'all, that so they may not be behind in returning comon salutes to vessels
coming in amongst us ; Boston to have § pts, Charlestowne one third pt.
Wanertons The busines about M' Wannertons house & land, between M*" Shurt
^'"^ & M' Bob't Saltonstall, is refered to the next session of this Cote, by con-
sent.
[* 127.1 *It is ord'ed, by y* authority of this Courte, y* evy cunstable w***in o'
Constab. pow- iurisdiction hath, by v'tue of his office, fidl pow' to make, signe, & put forth
pursuites, or hues & cries, aft' murth'ers, manslay'^s, peace break's, theeves,
robers, burglarers, where no ma*'^ is at hand ; also, to apphend w***out warrant
such as are ov'taken w*^ drinke, swearing, breaking y* Saboth, lying, vagrant
psons, night walkers, or any other y* shall breake o' lawes, in any of these ;
pvided, they be taken in y* mann', eith' by y* sight of y® cunstables themselues,
or by psent information from others ; as also to make search for all such psons,
eith' on y* Saboth dayes, or at any oth' time, when there shalbe occasion, in
all houses licensed to sell eith' beare or wine, or in any oth' suspected or dis-
ordered places, & those to apphend, & keepe in safe custody, till oportuni-
ty serve to bring them before y* next magistrate for furth' examination ;
pvided, when any cunstable is implied, by any of y« magistrates, for ap^-
hending of any, he shall not do it w^^out warrant in writing ; & if any pson
RefUseinge to shall refuse to assist any of o' cunstables in y* execution of his office in any of
y* things above mentioned, being by him required thereunto, shall pay for
neglect thereof ten shillings to y* use of y* country, to be levied by any
ma*™** before whom any such offender shalbe brought ; & if it shall appear by
good testimony y* any shall wilfully, obstinately, or contemptuously refuse or
neglect to give assistance to any cunstable, as is before expresed, he shall
THE MASSACHUSETTS BAY IN NEW ENGLAND. 151
pay fortye shillings to y* use of y* country, upon y« iust complaint of y* cun- 16 4 6.
stable as aforesaid ; & y* no man may pleade ignorance, when a cunstable shall ~ ^ ~'
require .distance, i. is ord-ed. f ev-y cunsUbU .W. W . «affe, w^ „n.e ^'-
remarkable distinction, pvided by y* towne, w*** may be as a signe or badge of
his office, & this staffc to take along w*** him, when he shall go fourth to dis-
charge any pt of his office, w*^f* staffe shalbe black, & about five foote, or five
& a halfe foote long, tiped at y* upper end, about five or sixe inches, with
brasse.
For y* better keeping of watches & wardes by y^ cunstables in times of • 617—
peace, it is ord^'ed, y* ev'y cunstable shall ^sent to one of y* next ma^™*** y *^ ®**
name of ev'y pson who shall, upon lawfuU warning, refuse or neglect to
watch or ward, eith' in pson or by some oth' sufficient for y* service ; & if, be-
ing so convented, he cannot give a iust excuse, such ma*"**® shall grant warrant
to y* cunstable to levy five shillings of such ofTend"^ for ev'y default, y* same
to be implied for y* use of y* watch of y* same towne ; & it is y* intent of y
lawe, y* ev'y pson of able body, (not exempted by lawe,) or of estate sufficient
to huire anoth', shalbe liable to watch, or to supply it by some oth', when
they shalbe thereunto required ; & if there be in y* same house diverse such
psons, (wheth' sonnes, servants, or soioum",) they shall all be compelable to
watch as afores;iid.
It is ord'ed, y* y« Secretary should send forth wanants to all cunstables 618—
to bring in to one of y* coniission" for the United Colonies y* iust numb' of ""* ' °
all y* males within the severall townes between the ages of 16 & 60, by y* end
of y* 4*** *month next, that y* charge of y* late expedition, ^6, & y* wampa™ [♦128.]
due fro™ y* Narragansets, may be duely ^portioned, & y* for time to come y*
coinission^'s for y* United Colonies shall, upon all such occasions, send forth
their owne warrants to y* cunstables for y* same purpose, y* this Co'^te may
not be troubled therew***, nor y* service neglected.
Forasmuch as great harme hath bene done by fires, w*"** have bene kindled
in y* feilds abroad at unseasonable times, w*^** fires have bene often occasioned
by taking tobacco, & much time thereby unpfitably expended, —
It is therefore ordered, y* no pson, after y* end of y* 4'^ A next, shall 619-
take any tobacco in any comon ground, or feild inclosed, or yardes, or oth' Tobacko fires,
open place out of dores, upon paine of two shillings for every such offence,
beside recompence of all damages, according to a form' order ; pvided, never-
theles, y* it shalbe lawfuU for any man y* is on his ioumy (remote from any
house five miles) to take tobacco, so that thereby hee sets not y* woods on fire
to r damage of any man.
152
THE RECORDS OF THE COLONY OF
1646.
22^ 3^ M% 1646.
22 May. ^ answcre to y* petition of Rob^ Ensome^ M' Edw* Witheridge, M'
Wine impofte. John Wheate, & y* rest, thia Co'te haveing taken into consideration the request
of the said petition", it is hereby ord'ed, that they, the said petition**, shall
have the one halfe of the customes of their wines abated them, vixf , five shil-
lings upon a butt or pipe, pvided they, y* said petitioners, do (bona fide)
make a true entry of all the wines they have landed, & that w^in two dayes
next after notice given them by y^ auditor gen'all, or any appointed by him
for that end, & that they, y* said petition's, do make payment to y* auditor
aforesaid of the other halfe part of y* said customes, vixf , five shillings upon
a butt or pipe, & that in such pay as is pvidcd in a former order, w^ re-
quires tenn shillings custome upon a butt ; & in case any y^ said petition's shall
delay to make a true entry of their wines, as is aforesaid, that then all such
said wines that are already forfeited by any such petition' for none enterance,
shalbe seized upon by way of distresse, according to a speciall warrant giren
to y* said auditor gen'all, for that end & purpose.
620- For y* better recovering of any custome of wines, or forfeitures for not
entering according to any order or orders of this Co'te, & for refusall of paym*
of such customes according to such order or orders, to y^ satisfaction of y*
auditor gen'all, it is ord'ed by y* Co'te, y* y* said audito' hath power, & is
hereby required, to go into all y* houses or cellers he knowcth or suspecteth
any wine to be, & from time to time shall seize upon such wines as are not
entered, & also seize upon & take possession of so much wines, ^d, as to make
peym* of what custome is due, according to entryes made, & is refused or neg-
lected to be paid in due mann', according to such order ; & hereby all cun-
stablcs & oth' offic" are required to assist & ayde y* auditor in y* discharge of
[*129.] his dutye, & helping to breake open such houses or cellers, if •the owners of
such wines shall refuse to open their dores or deliver their keyes in a peaca-
ble way.
In answere to y* petition of M' Rob't Saltonstall, the Co'te is wiling to
alow y* petition' y* land desired, so as he will accept it as a part of y* ppor-
tion due to S' Rich' Saltonstall in this iurisdiction, & form'ly granted to him,
but no place yet assigned.
The towne of Salem is granted two barrels of powd' more to y* foure
w*^^ were formerly granted them for publike use, to keepe & have in a readi-
nes for y* countryes service.
Indians. The law w^^ forbids y« intcrtaining of any Indian into service w*^out
alowance of y* Co'te is repealed, there being more use of incuragem^ thereto
then otherwise.
M' Bo: Sal-
touUlL
Powder to Sa
lem.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 153
In answere to y* petition about Pascataq, it is ord'ed, that y* two Co'tes 16 4 6.
of Fascataq, should be kept yearely at Dover, one on y* 4*^ of y* last weeke ^^"^ ^r-— '
iji y* 2^ A, & y* oth' on y* 4*** day of the first weeke in y* 8'*^ A, by any one /*
or two of y* ma*****% & such comission's, or any one of y™, as shall fro™ ^ ^ Piscataqk.
time be appointed by this Co't ; & if this Co'te will not ord' what magistrates C®»"^'
will attend y* service, y* Co't of Assistants, (or in default) y* Gov'no', may
designc them for y* Co't then next to ensue ; & it is hereby declared, y* y* Triaiu.
inhabitants of Pascataq. have no oth' liberties concerning tryalls & suites in
lawe then y* inhabitants of Salem & oth's of oth' partes of this iurisdiction
have, & y* no Court be kept w***out one ma*"** ; & it is ordered, y* for this
psent yeare M' Bellingham & M' Saltonstall, or one of them, are appointed
for keeping y* Co'te in y* 8^ A next, & another Co'te sometime before, when
themselues thinke it meete ; & Cap? Wiggen, M' Smith, & Ambros Gibons
are appointed comission" to assist in y« Co'tes for this yeare.
Willi : Waldren is nominated for recorder at Dover, till y* Cote shall Recorder Do-
take further order.
It is ordered, y* M' George Smith shall be one of y* three men to end Small causes
small causes und"^ 20" at Dover.
Thom : Laughton, Edw^ Burcham, & Thom : Futman are appointed to Sm. cans.,
end small causes at Linn.
It is thought iust y* Edm® Gardner should be fully satisfied; but they Edw:Gardi-
conceive y* it is to be paid out of the towne of Ipswich, & not fro™ y* country.
Alexand' Beck haveing form'ly bene at great charge w"* some infirme ^ • B^^^^-
psons in y* prison, & now, since y* keepers death having kept Burcham &
Redman, being both sick, & so continuing, it is desired, y* y« auditor gen'all
may examine his accoimts, & ord' his ]^ent satisfaction, & furth' ord' to be
taken to discharge him of y* said prisoners, he pfesi* himselfe imable to keepe
them any longer, wanting sustinance for his owne family.
Forasmuch as delayes in executing iustice is dangeros to any state, & 622—
whereas many offenders are punished onely by fines or pecuniary mulcts & "^^ ******
pcenalties, w*^*^ if there be delay or neglect in offic's, y^ such fines are not duely
levied, *then sinn is unpunished, & y* name of God may thereby suff^, — [*1S0.]
It is therefore ordered, by y* authority of y* Gen'all Courte, y* any
offender y* shalbe fined for y* breach of any pccnall lawe, such pson or psons
80 offending shall forthw*** pay his or their fine or pocnalty, or put in security
speedily to do it, or else to be imprisoned or kept to worke till it be paid, y* no
losse may come to y* comon wealth ; pvided, also, y* if y* ma*'**** shall thinke
meete to rcspit any fine or pocnalty for a season, yet when its due, & what
oth' fines or debts be already due to y* coimtry, y* marshall for y* time being
VOL. II. 20
154 THE BECORDS OF THE COLONY OV
aHaj.
\
16 4 6. shall take his oath to be faithfuU in the doing y* duty of his place in levying
& returning of the samc^ or else to be himselfe lyable to such fine as any
Co'te of iustice shall impose on him for his neglect.
In answcre to y petition of James Heyden & ptn', ferrimen, & for y*
satisfaction of all other ferrimen, y* there may be no mistake who are fi^ed,
or should be passage free, & how long, —
623- It is declared, y* y* honored ma^™'*^, & such as are, or fro™ time to time
Pasiageof shalbe, chosen to serve as deputies at y* Gen'all Courte, w^ both their neces-
magist. & dep- ' r j
tyes, &d. sary attendants, slialbe passage free over all fcrryes ; & by necessary attend-
ants wee meane a man & horse, at all times dureing y* time of their being
jjjj^trates qj. deputics, but ncv' intended all y* families of eith', at any time, &
y* y* ord' neith' cxj^eth nor intendeth any such thing.
Whereas tliis Co'te hath passed an ord' for j-* free passage of y* ma****"
& deputies of y Gen'all Co'te, & y* necessary attendants of both^ as in y*
ord' appeareth, & y* y* ferrimen of Cliarlstownc may not loose by y* transpor-
tation of them abovesaid, w*^ grand iury, petty iury men, prison^'s, keepers,
^6, y* Co'te hath by a comittee agreed w*** y* said ferryinen for y* time past to
be alowed 4* p @ since that order, & 6* p @ for y* time to come ; these pay-
m** to be made & alowed annually by y« Treasurer.
Boston, y* 15"^ 3^^ A, 1646.
.,_-.. ^, v.. Order for a sy- The right forme of church go v'mn* & discipline being agreed pt of y*
<
Bode.
kingdome of Christ upon earth, therefore y* establishing & settleing thereof
by y* ioynt & publike agrcem* & consent of churches, & by y* sanction of civill
authority, must needs greatly conduce to y* bono' & glory of o*" Lord Jesus
Christ, & to y* settleing & safety of church & comon wealth, where such a
duty is diligently attended & pformed ; & in asmuch as times of publike peace,
yfch by ye m'cy of God are vouchsafed to these plantations, but how long y*
same may continue wee do not know, are much .more comodious for y* effect-
ing of such a worke then those troublesome times of warr & of publike dis-
turbances thereby, as y* example of o'^ deare native country doth witnes at
this day, where by reason of y* publike comotions & troubles in y* state of
r*131.1 reformation *of religion, & y* establishing of y* same is greatly retarded, & at
y* best cannot be pfected w'^out much difficulty & danger, & whereas divers of
o' Christian country men & freinds in England, both of y« ministry & oth's,
considering y* state of things in this countiy in regard of o' peace & other-
wise, have sundry times, out of their broth'ly fisdthfulnes, & love, & care of
our weldoing, earnestly by lett" from thence solicited, & called upon us y*
wee would not neglect y* oportunity w*** God hath put in our hands for y*
THE MASSACHUSETTS BAY IN NEW ENGLAND. 155
22 May.
effecting of so glorious & good a worke as is mentioned, whose advertisem** 16 4 6.
are not to be passed over without due regard had thereunto, & consid'ing w*^all
y*, through want of y* thing here spoken of, some differences of opinion &
practice of one church fro°* anoth' do already apixjare amongst us, & oth'^s (if
not timely ^vented) are like speedily to ensue, & tliis not onely in lesser
things, but even in pointcs of no small consequence & very materiall, to in-
stance in no more but onely those about baptisme, & y* psons to be received
thereto, in w*^** one pticular y* apphensions of many psons in y® country are
knowne not a little to differ ; for whereas in most churches the minist" do bap-
tize onely such children M'hose nearest parents, one or both of them, are setled
memb", in full com union w*^ one or other of these churches, there be some
who do baptize y* children if y* grandfather or grandmother be such members,
though the imediate parents be not, & oth" though for avoyding of offence of
neighbo' churches, they do not as yet actually so practice, yet they do much .
incline thereto, as thinking more liberty and latitude in this point ought to be
yeilded then hath hitherto bene done, & many psons liveing in y* coimtry who
have bene members of y* congregations in England, but are not found fit to
be received at y Lords table licre, there be notw*^standlng considerable psons
in these churches who do thinke that y*' cliildren of these also, upon some
conditions & tcarmcs, may & ought to be baptized likewise ; on the oth*" side
there be some amongst us who do thinke that wliatever be y state of y* parents,
baptisme ought not to be dispensed to any infants whatsoever, w*"** various ap-
^hensions being seconded w^^ practices according thereto, as in part they
already are, & are like to be more, must needs, if not timely remedied, beget
such differences as wilbe displeasing to the Lord, offensive to others, & dan-
gerous to our selues, therefore for the further healing & preventing of the
further groth of the said differences, and upon other groundcs, and for other
ends aforementioned.
•Although this Courte make no question of their lawfuU power by the [*132.]
word of God to assemble the churches, or their messeng", upon occasion
of counsell, or any thing w*** may concerne the practise of the churches,
yet because all members of the churches (though godly & faithfuU) are
not yet clearely satisfied in this point, it is therefore thought expedient,
for the ^sent occasion, not to make use of that power, but rather to ex-
prese o^ desire that the churches will answere the desire of this f^sent
Generall Co'te, that there be a publike assembly of the elders & other mes-
sengers of the severall churches within this iuiisdiction, who may come
together & meete at Cambridge upon the first day of September now next en-
suing, there to discusse, dispute, & cleare up, by the word of God, such ques-
156 THE RECORDS OF THE COLONY OF
22 May.
164 6. tions of church governm* & discipline in y* things aforementioned^ or any oth%
as they shall thinke needfull & meete, & to continue so doing till they, or y^
maior part of them, shall have agreed & consented upon one forme of gov'ment
& discipline, for the maine & substantiall pts thereof, as that w*** they iudge
agreeable to the Holy Scriptures, which worke, if it be found greater then can
well be dispatched at one meeting, or session of y* said assembly, they may
then, as occasion & neede shall require, make two sessions or more, for y^ fin-
ishing of y* same ; & what they shall agree upon they shall exhibite y« same in
writing to y* Govern'^, or Deputy Gov'n', for y* time being, who shall ^sent
y* same to y* Gen'all Courte then next ensuing, to y® end that the same being
found agreeable to y* word of God, it may receive from the said Gen'all
Co'te such appbation as is meete, that y* Lord being thus acknowledged by
church & state to be o*" Iudge, o' Lawgiver, & o' King, he may be graciously
pleased still to save us, as hith^'to hee hath done, & glory may still dwell in
o' land, truth & peace may abide still in these churches & plantations, & o'
posterity may not so easily decline fro™ y* good way, when they shall receive
y* same thus publikely & solemely comended to them, but may rath'^ ad to
such beginings of reformation & purity as wee in o' times have endeavo'ed
'^ after, & so y* churches in Newe England may be Jehovahs, & hee may be to
us a God from gen'ation to generation.
[* 188.1 *And as for y* cost & charges of y* said Assembly, its thought meete, iust,
& equall that those churches who shall thinke meete to send their eld's &
messeng'^s shall take such care as that, dureing their attendance at y* said
Assembly, they may be pvided for, as is meete, & what strangers or oth" shall,
for their owne edification, be psent at the said Assembly, they to pvide for
themselues & bear their owne charge. And, forasmuch as y* plantations w*^in
y* iurisdictions of Plimoth, Conectecott, & Newe Haven are combined & united
w*^ these plantations w***in y* Massachusets, in y« same civill combination &
confederacy, —
It is therefore hereby ordered & agreed, that y* churches w*Wn y* said
iurisdictions shalbe requested to send their elders & messcng" to y« Assembly
aforementioned, for w^** end y* Secretary for y* time being shall send a sufii-
cient number of coppies of this ^scnt declaration unto y* eld's of y* churches
w"*in.y* iurisdictions aforementioned, or unto y* govemcr or govern", comis*-
sion' or comission", for y* said confederate iurisdictions respectively, that so
those churches, haveing timely notice thereof, may y* betf pvide to send their
eld" & messengers to y* Assembly, who, being so sent, shall be received as pts
& members thereof, & shall have like lib'ty & poW of disputing & voting
therein, as shall y* messeng" & eld" of y* churches w***in y* iurisdiction of y«
Massachusets.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 167
This Co'te thankfully accepts of y* labo's returned by y* sev'all comittees 16 46.
of y* sev'^all sheires, & being very unwiling such ^cious labo's should fall to ~ ^ ~"
22 May.
y* ground w***ouf y* good successc, as is gen'ally hoped for, have thought it comittees for
meete to desire Rich'd Bellingham, Es^^, M' Symonds, Leif ? Duncan, Leif ? ^® ^*^®'-
Johnson, & M' Ward do cause each comittees retume about a body of lawes
to be transcribed, so as each comittee may have y® sight of y* others labo's, &
that y* psons mentioned in this order be pleased to meete together at or before
y* 10^ of August, at Salem or Ipswich, & on their pusing & examining y*
whole labo's of all y* comittees, w^** y^ abreviation of y lawes in force, w*^** M'
Bellingham tooke greate store of paines, & to good purpose, in and upon y*
whole, & make return to y* next session of this Co'te, at w^** time y* Co't in-
tends, by y* favo' & blessing of God, to pceed to y establishing of so many
of them as shalbe thought most fit for a body of lawes amongst us.
M' Allen, Anthony Eames, & John Merrick are appointed to end small
causes at Ilingham, till y* next session of this Co^'t.
The surveyor gen'all acknowledged his haveing received y* two guns of
M' Fowle, w^** were lent him. Hee is discharged.
•Whereas there was heretofore a peace agreed upon between Moun' [*134.]
D'Auhiey, k*, gov V & leif ? gen'all for y« King of France, of y« coast of Aca- 23' D'Aul
dy, country of New France, by his agent, Mouns' Marie, on y* one pt, & y« nay.
Gov'n' & magistrates of y* Massachusets Bay in Newe England, on y* other
pty, w*** had reference to an assent thereto to be given by the oth' iurisdictions
in Newe England in confederation w*** them, w*^*» assent was aft'wards given,
und' y* hands of y* coinission" of y* United Colonies, & in Octob' last sent to
J* said Mouns' D'Aulney, to have bene by him subscribed & returned to us ;
& whereas y* said Mouns' D'Aulney did then make difficulty & demurred
upon y* subscription thereof, in regard of some iniuries & damages hee al-
leadged to be sustained by some of o", requiring satisfaction thereof before he
would subscribe y* peace, desiring that wee would therefore, at this time, send
certeine agents, qualified & authorished to treate w*** him & his agents, & com-
pound the same, —
Wee, therefore, y* Gov'n'^, Deputy Gov'n', magistrates, & deputies, mak-
ing y* Gen'all Co'te at Boston, wherein y* supreame pow'^ & authority of this
iurisdiction resideth, (being desires that a iust & equall peace may be kept &
maintained between y* two nations, & w*** y* said Mouns' D'Aulney, & all o'
neighbo", & o'selues, & being wiling also to gratify y* said Mouns' D'Aulney
in this his request of a treatye, y* so it may for his satisfaction be fully mani-
fested to him how innocent wee are concerning those wrongs hee supposeth
wee have done him, & how, out of y* desire of peace, & mutuall trade &
158 THE RECORDS OF THE COLO>'Y OF
22 May.
164 6. comerce w^** him, wee would have suppssed o*" greifes, & borue o* losses by
him & his, suff^'ed in silence, if hee had not thus pressed us to a complaint
thereof,) have hereby authorished & appointed o' much hono'^ed & right trusty
& welbelovcd Thom : Dudley, Es^, y* Deputy GovV of this iurisdiction, &
o' faithfuU & worthy frcinds, Miiior Daniell Dennison & Capi W™ Hathome,
o' comission" and agents for us, & in o' names & steades to trcate w*** y* said
Mouns' D'Aulney, or his comission"* sent from him, w'** like plenary power &
authority as wee hereby give unto yo", o' comission" & agents, for y® determin-
ing & compounding of all differences & greivances between him & o'selves,
authorishing & giving unto yo" hereby full & absolute power to agree & de-
termine all grievances, complaints, iniuries, losses, violences, & damages w*^*^
shall appear unto yo", or w*=*^ shalbe supposed to have bene done or ppetrated,
eith' by us or any of o's against him, or by him or any of his against us, or
any of ours, hereby obliging o'selves to stand to, abide, & pforme whatsoev'
yo^ shall, und' yo' hands, testify so to have agreed unto. In testimony
whereof, wee liavs hereunto affixed o' publike seale, & have caused o' Sec-
retary to subscribe the same, this ^ day of ^ old stile, in y* yeare of o'
Lord 1646.
[•135.] ♦At a Gen'all Co'te, held at Boston, y* 3*^ A, 1646.
MoM» Daulny. "WTiercas it hath bene aleaged by Mouns' D'Aulney that this colony or
gov'nm* of y* Massachusets hath acted in y* expedition of Latore & Capl
Hawkins against Mouns' D'Aulney, yo' Co'te, haveing taken into considera-
tion & throughly examined y^ pmises in y* pticuler, doth hereby declare y*
this govcr™^ hath not had any hand in y* said expedition ag"^ y* said Mouns'
D'Aulney, or any act of hostility comitted, cith' by Latore, or Cap? Hawkins,
or any oth' French or English else, in y* warr ; neith' did this Generall Co'te,
wherein y* suprcame power of this iurisdiction resideth, formerly or laterly
alow of any private lett" (written from any man, wheth' Govern' for y* time
being, or any oth' publike pson or psons whatsoever) to be an act of this
state to ingage this colony in any designc, w^**out j-* consent of this Co't first
had & obtained, & y® same therein expressed ; neith' hath this Co'te given or
consented unto any such private letter whatsoever to be written from any man
touching this pcrticuler.
At a Gen'all Co'te, held y« 3**^ A, 1646.
Close comitteo Whereas Thom : Dudley, Es^, Deputy Gov', & two oth'" are chosen
&'prepara- comission" by this Co'te to go to Penobscot, there to treate w*^» Mouns'-
tions. D'Aulney or his agents concerning y* ^tended differences between him & this
THE MASSACHUSETTS BAY IN NEW ENGLAND. 159
goverm*, this Co'te doth order & appoint^ & doth hereby give full power & 16 4 6*
comission to Maior Gen'all Endecott, M' Rich'd Bellingham, Cap? Rob't **■ '^ ~'
^ ^. 22 May.
Bridges^ M' FranC Willoughby, & M' Duncan, to be a close comittec, to
drawe up & give out such instructions to )^ said Thorn : Dudley & the rest as
they shall, to their best skill & wisdome, see most conduceing to j-* psent &
future peace & welfare of this colony, w***out making knowne j'* same"* to y*
Gen'all Co'te untill y* said comission" shall returne ; as also y« said comittee
hath hereby full power to order & appoint how many attendants y* said comis-
sion" shall have, & their wages ; as also shall take care for a convenient por-
tion of money for y* said comission" to carry w*** them, & for their ^visions
befiting their psons, & suitable to )-* ser\'ice, & what alowance shalbe given
the said co?liission" for their paines & time expended, & damage in their owne
domestick busines in their absence, & for the appointing of an interpreter, &
hulling of a vessell, w*** all oth' requisits that conc'ne this service.
This Co^'te consid^'ing y* y* Deputy Gov'n', in regard of his age, may Supply in case,
(through sicknes, or oth' bodily infirmity) be disabled for ^ voyage at such
time as y* comission" are to go to Penobscot, it is therefore ord'ed, y* in such
case M' Bradstrecte shall supply y* place of a comission' for that service, as a
reserve in case, ^\ & if y* Deputy Govcrno' goeth not, Maior Denison shalbe
discharged this service.
*M' Willoughby is chosen & appointed a reserve in case Captaine Hath- [*1S6.]
ome, by reason of some hand of God, y* is not foreseene, & cannot be J^'entcd,
should not be able to go to Penobscot, to Mouns' D'Aulney ; then M' Wil-
loughby to be as comission' in his roome.
yfm Witter not appearing at this Co'te, according to y* ord' of y* Co'te Witter,
of Salem, y* Co'te doth conceive it fitt y* y* maior gen'all do take ord' for his
appearance at y* next Co'te of Assistants, at Boston, there to answere & to be
proceeded w*** according to y* merit of his offences.
At a Gen'all Co'te, at Boston, the 6«» 3*»* A, 1646.
Cutshamache, sagomore of y* Massachusets, came into y* Co'te, & ac- Andouer.
knowledged y* for y* sume of 6* & a coate, w*^** he had already received, hee "' "^
had sould to M' John Woodbridge, in behalfe of y* inhabitants of Cochicha-
wick, now called Andiver, all his right, interest, & priviledge in y* land 6
miles southward fro™ y* townc, two miles eastward to Eowley bounds, be y^
same more or lesse, northward to Merrimack Ryver, p^Hded y* y* Indian called
Roger & his company may have lib'ty to take alewifes in Cochichawick Biver,
for their owne eating ; but if they eith' spoyle or steale any come or oth'
fniite, to any consid'able value, of y* inhabitantes there, this lib'ty of taking
160
THE BECORDS OP THE COLONY OP
22 May.
Luthen wid.
Job : White.
1 6 4 6« fish shall forever cease ; & y* said Boger is still to enioy foiire acres of ground
where now he plants. This purchase y* Co'te alowes of, & have granted y*
said land to belong to y* said plantation for eV, to be ord'ed & disposed of by
them, reserving liberty to y* Co'te to lay two miles square of their southerly
bounds to any towne or village y* hereafter may be erected thereabouts, if so
they *see cause.
Cutshamache acknowledged this before y* magistrates, & so y* Co'te
appveth thereof, & of the rest in this bill to be recorded, so as it piudice no
former graunt.
In the case of y* widow Luther, it is agreed, y*, y* m'chants being
alowed so much as they have disbursed for y* redemption of her sonne, y*
widow shall have what shalbe behind upon account of her husbands wages,
pvided this shalbe no psident in y* like case w^^ may fall out hereafter, but
that, upon cleare knowledge of y* sea custome & y* iustice thereof, y* Co'te
may determine as they shall find to be agreeable to lawe & iustice.
The Courte doth approve of y* puting forth of Joseph White to Sampson
Shore, of Boston, taylor, for seaven yeares from y« 21**» 3*** A, 1646, & at y*
end of y* time to have double apparell, as in y« indenture in y* hand of W™
Parks.
Sarah Thome, who is distracted at psent, or crasy brained, is for ^sent
placed w**» Alexand' Beck dureing y* pleasure of y* Co'te ; & hee is to have
6* p @ out of y* treasury while shee continueth w**> him.
Whereas John Winthrope, lunior, & oth" have, by alowance of this
Co'^te, begun a plantation in y* Pequod country, w**^ apptaines to this iurisdic-
tion as pt *of o' pportion of y* conquered country, & whereas this Co'te is
informed y* some Indians, who are now planted upon y* place where this said
plantation is begun, are wiling to remove from their planting ground for y*
more quiet & convenient settleing of y* English there, so that they may have
anoth*" convenient place appointed, —
It is therefore ord'ed, y* y* said M' Winthrope may appoint unto such
Indians as are willing to remove oth'^ lands on y* oth'^ side, y* is, on y* east
side of y* great ryver of the Pequod country, or some other place for their
convenient planting & subsistence, w*'** may be to y« good likeing & due satis-
faction of y* said Indians, & likewise to such of y* Pequod Indians as shall
desire to live there, submiting themselues to y* English goverm*, (reserving
to y* comission's of y* United Colonies what pply belongs to their disposing
conc^'ning y* said Pequods,) & also to set out y* place for y* said plantation,
& to set out lots for such of y* English as are there already planted, or shdll
come to them, & to goveme y* people according to lawe, as occasion shall
Sarah Thome.
Pequod plant.
[•137.]
THE MASSACHUSETTS BAY IN NEW ENGLAND. 161
require, untill this Co't shall take further ord' therein ; & whereas M' Thorn : 16 4 6.
Peter is intended to inhabite in y* said plantation, this Co'te doth thinke fit to """ v^""— ^
22 Mat
ioyne him to assist y* said M' Winthrope, for y* better carriing on y* worke
of y* said plantation according to this ord'.
The deputies haveing bene comfortably pvided for, and w**^ due attend- HughGonison.
ance, y* Co'te hath voted, y* Hugh GJpnnison shalbe paid w*** y* first, eith' out
of y* custome of wines or y* wampam from y* Narragansets, when those bills
w*** are charged thereupon are satisfied, & y* his servants be alowed out of y*
treasury 20* for their service.
It is also voted, y* y* servants of James Penn and helpes should have Scniants gra-
20sli'. *""^«'
It is ord'ed, y* y* 11*** of y* 4*^ month should be a day of thanksgiving. Day of thankg-
The Co'te is adioumed to y« first 4^*» day of y« 8«> A. ^f"^^'
'' ^ ^ Adiomament.
M' Saltonstall tooke y* oath of an Assistant y* 17^ 5^ A, 46. M' Saitonataii,
The I5«» of the 6^*^ A, 1646, M' Pinchin tooke y« oath. Pincheon.
Bworne.
•Jt a Session of the GenTall Co% 7"* of the 8" M'. ["ISS.]
7 October.
IT is ordered, that whatsoever appears due to the widow Wilson from the wid. Wilson,
country, with respect to her late husbands wages, ^6, appearing und' the
hands of the Treasurer, shee shalbe forthw"* paid & satisfied by Rich : Fair-
banks, as farr as that comes to, w*** he oweth the country for the custome of
wines, & the rest by the Treasurer, so as she depart the prison house & qui-
etly resigne it to the keeper.
Whereas, being now met at this Gen'all Cote, the 8*** A, 1646, the Co'te officers to be
hath found it necessary to send an agent into England to negotiate for this ^.^^'^
colony w^ the Parliament, from w*** wee have lately suffered, for that there
was none there to informe the same in our behalfe ; & whereas the Treasurer
saith he hath not any thing of the countryes in his hands to furnish such an
agent for such a voyage, nor to defray the charges of the Co'tes, nor pay the
debts the country owes ; wee do conceive, that there is ungathered up of rates
formerly asseased, & the fines heretofore imposed upon scveraU psons, suffi-
cient to discharge a great part of the debts of the country, & that the cause
of 0' psent wants lyes in the cunstables, marshall, audito', or treasurer, in
not doing their duties therein, according to kwes for the same already pro-
vided ; we do therefore desire, that all these officers may be ^sently called to
account, & that where ever the fault is found, such psons may be pceeded
against according to law, the rather because wee pcwv© a likelihood of pscnt
VOL. II. 21 - -
162
THE RECORDS OF THE COLONY OF
16 46.
7 October.
Comission for
it
M' Cooke,
Alien.
Tho : Foster.
[♦139.]
Comittee for
D' Child, &c,
petition, &
about M'
Winslowe.
Comittee about
M' Welds £re,
&5.
Castle nd.
Small causes,
wh. a magist*
is a partye.
624-
dissolution of Co'ts, & o' owne mine not long after to follow, if this be not
done ; we have therefore chosen M' Hibbens, Cap? Keayne, & the surveyer
gen'all as a comitte to examine the psons above mentioned, & their accountes,
& make their report to the next siting of this Co'te on the 5"^ of the 9*^ month
next
«
Upon the petition of John Newton, the audit of the accounts between
M' Samu : Cooke & M' Edw^ Allen being pfected ready to be ]^nted, the
Co'te hath named the Secretary & M' Willoughby (considering the necessity
of the expedition of the case) a comittee to heare & order the matter of this
petition, w^ reference of the same to the iudgm* of this Co'te.
Upon the petition of Thomas Foster, for 17* 10% (w*^** he saith is due to
him,) the Co'te thinke it iust that *this petition' should be spedily satisfied his
due, & for that end have chosen M' Pelham & dap? Keayne as a comittee to
examine the petition, & to certify this Co't what they find to be due.
Our honored GovV, Deputy Gov'n', Rich : Bellingham, Esq", & M' Au-
ditor Gen'all are appointed a comittee to puse & examine all the answ" y* are
brought into this Co'te to y® petition of Docto' Child & M' Fowle, ^6, & out
of all to draw up such an answ' thereto as they thinke most meete, & f^ent
y* same to this Co'te, & furth' to treate w*** M' Winslow, & to agree w"' him
as an agent for us, to answer to what shalbe obiected against us in England,
giveing engagement to y* said M' Winslow accordingly.
Mast' Treasurer, M' Audito' Gen'all, & M' Sparhauke are -appointed a
comittee to examine all matt" of account mentioned & desired to be audited,
by y* lett' of M' Wells, w*** M' Downing & any other whom such accounts
may conceme, & w*** what convenient speede they may, & they are hereby
authoi;^shed w^ power to sumon any inhabitant amongst us at their appK)inted
times, to give in their accounts to them, y* so a true repoft of what they find
in y® ftoises may be made to y* next session of this Co'te.
It is ord'ed, y* forthw*** warrants issue out of y* Co'te to y* cunstables of
each of y* five combined townes, who ar ingaged about y* garrison at y* Castle,
to sumon all y* inhabitants of each towne to meete togather, & forthw*** to ap-
point some fro™ amongst themselues speedily & w*^**out delay, to discharge those
sev'all engagem** of theirs, for y* maintenance of y* garrison for y« yeare
past, as also to pvide sufficient pay for y* discharging their engagem** there-
abouts for y* time to come, & appoint some one or two men of each towne to
be engaged therefore to y* satisfaction of y* souldi", y* so y* Castle be not layd
wast aft' all y' charge.
Whereas there is no ord' made appointing who shall end causes in townes
und' y* value of 20* where one onely ma*"*® dwels, & y* cause conc'nes him-
7 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 163
self, it is therefore hereby ord'ed, y* in such cases y* 5 or 7 or more men in 16 4 6.
ev'y such towne, w*** are selected for prudentiall affaires, shall have power to
heare & determine such cases, & to grant execution for y* levying & gath'ing
up such damages for y* use of y® pson damnified.
Whereas by a form' ord' y* defend* is to have sixe dayes warning by 625—
pees before y* time of his appearance, ^5, & no pvision made in y* said order ^^' * ^^^
for suddaine occasions, w*** may conc^'ne Strang's or oth's, when there is not so w»N)ut 6 day*
much time before y* next Co'te, nor can they stay till a Co't aft', it is there-
fore ord'ed, y* in all such cases y* clarke of y* WTits (x warrant fro™ one of y*
next ma*"**, who is to weigh y* necessity of the case) may grant pecs for y^
defend** appearance at y* next Co'te, & the same Co'te may require y* defend*
to answ', (if they see iust cause so to do,) though hee hath not had six dayes
warning, as in the form' ord' is appointed, & y* clarke of y« writs is to men-
tion in y* pees upon what ma*'*** warrant hee granted y* same.
Upon y* petition of y* sagam' of Agawam, for lib'ty for one of o' smiths Agaw« sach.
to amend his gun, it is ord'ed, y* warrant shalbe granted.
Nicholas Pott', being chosen by y* to^^Tie of Linn to draw wine there, is Linnc wine ua
granted so to do.
Upon y* petition of some of Hingham, y* Capl Atherton may he appointed Hingham.
y* next training day at Hingha", there to see their peeedings in their election, ^^"* Athcr-
& accordingly to make report to y* next session of this Co't, this desire of
theirs is consented to.
Upon the petition of Cap? Jeanison, Rich: Browne, Rob't *Keayne, r*1401
Rich'd Parker, Eld' Heath, Leif ? Hewes, John Johnson, & oth's, for their Land to beo
land, form'ly granted, between the lines of Dedham, Watertowne, & Sudberry, Q^p* Keaj-ne &
M' Aspinwall & George Munings are appointed to lay out y* same. othcM.
Maior Nehemiah Bourne, upon his petition, is abated 9* of y« 10* w*^** he Maior Bonme
und'tooke for M' Hadocks surgeon.
Maior Nehemiah Bourne, upon his petition, is granted y« lent of one e peeces of or-
drake fr°* Dorchest', one drake fro Roxberry, one drake & one sacre fro" y* ^'^^^ ^^^^
Castle, & 2 sacres fro Boston ; pvided he give in sufficient caution to this
Co'te for y* retume of y"' & ev'y of y", & plant y™, in as good condition, in
place & carriages, in y* sev'all places where now they be, by y* 10*** of y* 4***
A next.
There being found a great disagreem* between y* two Indian witnesses, Rob* Miller,
in y* case of Rob't Miller, he be^ weake & in danger to pish in prison this
wint', y* Co't tooke his owne band for his appearance to abide y* tryall at y*
Co'te of Assistants, in y* first A next.
164
THE. RECORDS OF THE COLONY OP
1646.
7 October.
M' Gerish,
about the et-
tate of Jo :
Oliuer.
Upon examination & consid'ation of y* petition of M' Gterish, the Co^e
indge it eqnall y* y* 100* debt & ov'prizall now appearing to the Co'te should
be taken out of y* whole estate of y* intestate John Oliver, & that y* daughter
shall have an equall moyety of y* remainder, vizj, of y* cattle & moveables, as
they are rated in y* inventory, or were, or shalbe improved upon sale, & of y«
house & ground in kind, at the time appointed in y* former ord', or as it
shall be sould by ord' from this Co'te, in y* meane time, if this Co'te shall at
any time give order for the sale thereo£
[Blank in original.]
The Co'te is adioumed to y* 4^ day of the 9**» month next, at one of y*
clock.
[Fages 141 and 142 left blank.]
[*143.]
4 Xoyember.
H' Cooke,
Allen.
Hai' Bourne
cauti6 for the 6
peeoes, &d.
Wid. Howe,
&S, for wine,
Childrens suits
disposed.
626-
Markett at
Linne.
Hingh& pet*
for remitinge
of nnes.
*Jlt a Session of the GenTall Co'te, 4** 9^ M% 1646.
The account of M' Edward Allen is received & accepted, all but the 7* 4*
mentioned for a selw"*, w*** is left till M' Aliens execute" can bring in what
that selwith is, & that it is of such a value, before it be accepted as pt of the
account.
The Co'te haveing formerly granted Maior Nehemia Bourne the loane of
sixe great guns, as in the grant, giveing caution for their returns ac*
cordingly, that his giveing sufficient caution, is referred to o' surveyer
gen'all, for their safe returning according to the said order.
M" Margaret Howe & Nath : Tredaway are granted lib'ty to drawe two
butts of wine, w^** they rec* for debt, & cannot put of in the butts.
The Co'te, und'standing there are severall suites, of the children belong-
ing to the country, in the hands of M' Glover, thinke it meete to ioyne M'
Treasurer w*** M' Glover to appraise them, & then deliver them to Capl
Davenport, in pt of what the country stands indebted to him, for the Castle.
On the motion of the 'deputies of the towne of Linn, it is ordered, that
there shalbe, once a week, a market kept there, on every third day of the
weeke, being their lecture day.
Upon the petition of Stephen Gates, Franc Smith, John Winchester, John
Page, & John Beales, of Hingham, for 14" 5**, to be taken from eachr of them,
because of their poverty, the Co'te doth understand that some of the petitioners
are of good ability, & for the rest, if they be so jwre, & it be certified by in-
difierent men, if such psons will make open acknowledgm* of their offence,
upon some lecture day, at Boston, they shall consent to the remiting of the
fines of such pore psons.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 165
It is ordered^ that a letter be sent to Flimoth^ & in it they not to be left 16 4 6.
to pportion their owne charge in the negotiation, but to bear their iust ppor- """ v^""— ^
tion in 60 weighty a busmes. ^^ ^^ ^^^
And others letters to Conectecot & New Haven, to like effect. ^^^^* ^ *^y"«
in sending M'
*It is ordered, Hampton should be alowed 5* out of y* next country rate, Winsiowe,
so as they make a sufficient carte & horse way ov' y* great marsh, sud- ^^^^ ^ ^^^
dainely. ^«^*»^'^-
r*i44 1
Mary Scarborow is granted liberty to sell y* house & land of her form' ^ *J
husbands, in regard y* estate 'will not be more then sufficient to bring up the lowed 6» to-
children ; pvlded y* second husband give security to that end. ^^y, &d.
Henry Adams is appointed clarke of the writs, & one of y* three men to Mary Scar-
borowe.
end small causes in Braintree, in y* roome of Peter Bracket. Braintree clia
The order that no petition should be rec*^ aft' y* three first dayes of the ° c ^n •
Courte is repealed. Order about
The petition of M" Dingham & John Alcock is granted for y« division of ^®*" '*^*
Jo : Alcock his
y* houses & land, § to Jn® Alcock & ^ to Samuell, according to y* divisio" estate diuided.
made by Capi Joseph Weld, John Johnson, & Thorn : Lambe.
It is ordered, y * y* auditor gen' shall examine Alex : Becks account, & Alex : Becke.
take ord' for his speedy satisfaction.
The Co'te, well weighing y« good service pformed by Capl Rob't Bridges Cap* Bridge*
in y* negotiation wherein this Co'te lately implied him, & called him to, w*** y* Waiker4»' s^
dang's & losses y* were attending thereupon, thinke meete to alow him ten Marshall 4(H.
pounds, as a small manifestation of their loveing acceptance of his good service
therein, & for y* charges he was necessitated to lay out for y* accomplishm*
thereof, being hindered by y* many debts the country stands engaged for, fully
to requite him ; as also in y* like mann' we alow Leif ? Walker four pounds,
& S'ieant Marshall forty shillings.
Whereas, it appeares by a note, und' y* Treasiurers hand, y* there is due M' Ri : Saiton-
to Rich'd Saltonstall, Es$), nyne pound, pt of a debt due to S' Rich : Saiton- ^^f^^
stall for amunition, ^6, & whereas he affirmes (w*** we beleeve) y* he disbursed '<>' * ^^*-
for y* country, a good time since, some oth' monyes, y* Co'te ord's hee shall
have tenn poimds paid him, in a small peece of ordinance, (to be valued by y*
survey' gen',) he rendr« y* overplus (if any be) in ready mony.
The Co'te doth thankfully acknowledg y* good service o' hono'ed Deputy M' Dudley gH
Gov'n' hath done in y* place of Gov'n' the last yeare, & are not a little troubled ^^ ^[^ ^^^
y* y* pressing & many urgent necessities & necessary charges of this colony
are such as to intervene between his deserved merits & y* iust recompence w**^
this Co'te is used to alow ; but beleeving he is no less sensible of y* ^mises
then o'selues, we doubt not of his loveing acceptance of so slend' an acknowl-
166
THE RECORDS OF THE COLONY OF
16 4 6. edgm*, have thought meete to ord' y* o' honored Deputy Gov'n' shalbe alowed,
^ out of y® next levy, y* sume of 60*.
4 NoTember.
Redman ^ Rich : Redman is discharged, be* to pay a butt of sack for his ransome
discharged. ^^„ ^^^ Indians.
[Part of this page is occupied by a duplicate record of part of page 144, eyidently entered here by
a mistake of the Secretary, caused by turning the book upside down.]
Wenboms fine
abated.
Dorch. sm.
cans'.
Comissid for
manages,
Newbery.
Waterto".
Mil. officers in
Ch. Towne.
OF.
Waldems writ-
inges.
[*145.]
Land to be
purchaced for
the Indians,
Wabon, &c.
Hingh& sm.
cans'.
Clik. writts.
Willi : Wenbourne, upon his petition, is abated his fine to 20*, he being
very pore, & of honest & good conversation oth'wise, & y* y* first offence.
M' John Glover, Cap? Atherton, & Jn® Wiswell to end small causes in
Dorchest'.
The Co'te hath granted comission to M' Edw* Rawson to see people ioyne
in marriage in Newberry, dur* the pleasure of the Co'te.
M' Rich'd Browne is granted authority to see such ioyne in marriage as
are published accord* to order, in y* towne of Watertowne.
Upon the motion of the towne of Charlestowne, M' Francis Norton is
confirmed leif? of their comp*, & Serieant Sprage ensigne.
M' George Smith is alowed clarke of the writs, in the place of M'
Waldeme.
M' G«orge Smith, Leif ? Pomfret, & John Hall are appointed to end
small causes for this yeare at ^
M' George Smith & M' Edw^ Starbucke are appointed to survey the
writings w*'** were in the custody of M' Waldeme, & to give to every one
what belongs to them, & such publike regist's as belong to y* Co'te of
Pascata^, or any pt of this iurisdiction, to reserve for furth' order firo" this
Courte.
•Edward Goffe, the surveyer gen'all, John Johnson, & Wil : Parks are
appointed a comittee to treate w*** M' Sparhauke, [or] any oth" whom they
thinke fitt, about such peels of lands w*** they, w**^ M' Sheopard, M' Allen, &
M' Eliot, shall conceive meete to purchase for y« incuragm* of y* Indians to
live in an orderly way amongst us j & y* said comittee have hereby full power
to agree & compound w*^ y* said M' Sparhauke or oth", as aforesaid, for
such lands, & order them paym* out of y* treasury for the same, so as here-
after y* charge this purchase shall amount unto shalbe deducted out of y* first
gift y* shalbe brought over, as given for y* good of y* Indians ; & further, to
set downe rules for their impve' & enioying thereof.
M' Bozoone Allen, Nicho : Baker, & Nicho : Jacobs are appointed to end
small causes in Hingham.
M' Bozoon Allen is appointed clarke of y* writts in Hingham.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 167
Upon y* petition of M*" Willi : Tinge about y* two guns, y* Co^'t doth 16 4 6.
conceive it is meete y' execution should be suspended till y* point in law be ~ ^r"^^
determined, vizj, (taking it for granted y* y* two guns do ptaine to y* com- _-^ „ *
pany,) wheth"" they are liable to y* action against y* Lord Brooks executors, 2 gunnei to be
forthcominge.
yea or no ? If execution be served already, then y* they should be returned,
& kept in [y*] hands of y* offic', und' y* custody of law, till y* cause be deter-
mined, unles y* ^sent possessor of y™, M' Fenwicks agent, or an oth' shall
put in sufficient security to be responsall for y* said guns, or y* value of y°*,
w*** necessary charges y' may fall in y case untill y* cause shalbe issued at y*
next Co'te of Election ; y* security to be given to y* Secretary or to y« Co'te.
M' Edward Bawson have* bene implied to signe & transcribe all bils y* M' Rawson alL
passe in a booke, yet, being sencible of y* great exp[en]ces & charge w*^** this ^l^ ^**
Co''te is at, & difficulty to raise sni[all] matt", not doubting of his being sen-
cible w^** us thereof, t[hink] meete in y* respect y* what was alowed him by
us for one yeares service, vizj, twenty marks, shalbe all y^ shalbe alow[ed]
him, & paid him out of y* next levy, for his service done & ^ he shall do to
y* end of y* Co'te, conceivi* it to be but iust in some measure to recompence
labo" in j* kind, w*'*^ we would not be too backward in.
Leifi Tory is chosen & alowed clarke of y* writs in Weymoth. Weymouth dk
writts
Leifi Tory, John Whitman, & Thom : Dyer are chosen to end small «.
•^ ' 'J & sm. causes.
causes in Weymoth.
In consid'ation of y* hazardos estate of o' native country, & troubles Dayof humiL
thereof, y* sad estate of y* church of Bermoda, & y* weighty cases in respect *P^"*
of o' churches & comon wealth here, w^ reference to any y* seeke to und'-
mine y* liberties of Gods people in eith' or both, y* Co'te hath appointed y*
24th Qf y« iQth j^^ being y* next 5^ day come three weeks, to be kept a day
of publike humiliation. Dated y* first of y* 10*^ A, 1646.
•This Courte, being sensible of y* necessity & singuler use of good litera- [*146.]
ture in managing y* things of greatest concemm* in y* comon wealth, as also 0x8—
For inoourag^
pceiving y* fewnes of psons accomplished to such imploym*", especially for of leaminge.
future times, have thought meete to ppose to all & every o' reverend elders &
brethren y* due care be had from time to time to improve & exercise such
students, especially in divinity, as, through y* good hand of God, may issue
forth of y* colledges, y* so, for want of imploym* or maintenance, they be not Younger stu-
forced from us, & we left destitute of help that way ; to all w*^ intents & church officer*,
pm-poses ev'^y church w^** hath but one officer, & can conveniently bear y* *^-
charge of such schoUer, (w'^** we hope most may do,) is hereby desired to
request a pore scholler to be helpfidl to their offic', y* so they may impve
their gifts, & y* church have some pofe of y" against times of neede.
168 THE RECORDS OF THE COLONY OF
16 4 6. The towne of Boston is abated 3* of their fine of 6*.
'''*""^^^'*^ The Gen'all Co'te, conceiving themselues bound by y* first oportunity to
Boston fl e ^^^ witnes against y* haynos & crying sum of man stealings as also to pscnbe
abated. guch timely redresse for what is past, & such a law for y* future as may suffi-
gro to be sent CA^ntly deterr all oth's belonging to us to hare to do in such vile & most
home. odious courses, iustly abhored of all good & iust men, do order, y* y* negro
interpreter, w**^ oth" unlawfully taken, be, by y* first oportunity, (at y* charge
of y* country for f^sent,) sent to his native country of Ginny, & a letter w**^
him of y* indignation of y* Co'te thereabouts, & iustice hereof, desireing o'^
honored Gov'n' would please to put this order in execution.
629- The Co'te, being informed y* some psons (more seeking their owne pri-
Hidea, &5, not y^te advantage then y* good of y* publike) do intend to transport rawe hides,
to be trans-
ported, f^i do hereby ord' & enact, y* no pson shall deliver a board any shipp or oth'
vessell, directly or indirectly, any rawe hide, or leather unwrought, w*"* intent
to have y* same transported out of this iurisdiction, upon paine to forfeit y«
same, or y* value thereof, & y* no mast' of any shipp or vessell shall receive
any rawe hide, or leath' unwrought, directly or indirectly, aboard his shipp
or vessell, to be so transported, upon y* like poenalty ; this ord' to be forthw*
published at Boston & Charlestowne by seting up y* same upon y* meeting
house dores, & upon y* maine mast of y* shipp now boimd for England, & of
oth' ships hereafter, as occasion shall require; oth'wise y* m' shall not incurr
y* pcenalty, except he be an inhabitant of this iurisdiction ; pvided, it shalbe
at liberty for any pson, wheth' Strang' or oth", to transport any hides or skins
y* shalbe brought hith' fro™ oth' parts beyond y* seas, by way of marchandize.
Case of WaB- The Co'te (haveing weighed y* case in question between M' Abrah4
ertons bowse, gj^^^j^ ^ ^r Rob't Saltonstall about M' Wann'tons house, as the question is
stated & rep'sented in a pap annexed) hath voted, that y* mortgage of M' Rob't
Saltonstall & M' David Yale ought to be pfered before y* morgage of M'
Shurte, dated 4«» lO"* A, 1646.
Comittee for The Co'te, being deeply sensible of y* earnest expectation of the country
p^ectinge the -^ gen'all for this Co'ts compleating of a body of lawes for y* bett' & more
lawes.
r* 147.1 or^'ly '''^eilding all y* afiaires of this comon *wealth, wiling also to their
utmost to answere their honest & harty desires therein, unexpectedly ^vented
by multitude of oth' pressing occasions, thinke fit & necessary y* this Cote
make choyce of two or three of o' hono'ed magistrats, w^ as many of y*
deputies, to puse, examine, compare, transcribe, correct, & compose in good
order all y® liberties, lawes, & orders extant w*** us, & forth' to puse & pfect
all such oth's as are drawne up, & to f^sent such of them as they find neces-
sary for us, as also to suggest what they deeme needftdl to be aded, as also to
THE MASSACHUSETTS BAY IN NEW ENGLAND. 169
consider & contriue some good methode & order, titles, & tables for compiling 16 4 6.
y* whole, so as we may have ready recourse to any of them upon all occasions, """""^r""""^
whereby we may manifest o' utt' disaffection to arbitrary goverm*, & so all
relations be safely & sweetly 'directed & pfected in all their iust rights &
priviledges, desireing thereby to make way for printing o' lawes for more pub-
like & pfitable use of us & o*" successors. O*" honored Gov'n% M*" BcUingham,
M' llibbcns, M' Ilill, & M' Duncan, as a coiiiittce for y* busines above men-
tioned, or any three of them meeting, y* oth' haveing notice thereof, shalbc
sufficient to carry on y* worke.
Whereas information hath come to this Go^'t from div'"se foyaiu parts of 630—
y* insufficiency of o' pipe staves, in regard especially of wormeholes, whereby , ^. ' ^
y* coiiiodity is like to be phibitcd in those pts, to y* greate damage of y* coun-
try, it is now ord'ed & enacted by authority of this Co^t, y' y® select men of
Boston & Charlestowne, & of all townes where pipe staves use to be shiped,
shall forthw% & so from time to time, as necde shall require, nominate two
men of each towne skilfull in that commoditv, & such as can attend that ser-
vice, to be veiwers of pipestaves, who shalbe brought before some magistrate
to be sworne diligently & faithfully to veiw & search all such pipestaves as
•
are to be transported to any pts of Spain or Portingall, or w'^'in eith' of their
dominions, to be used for making of tyte caske ; & they shall throw by all
such as they shall iudge not marchantable & sufficient for that use ; and they,
or some one of them, shall at all times, upon request, give attendance thereto,
& shall enter into a booke y* number of such marchantable pipestaves as they
shall alow, & for whom ; & if any man shall put a board any shipp or oth'
vessell any such pipestaves oth' then shalbe so searched & alowed, to y* end to
be transported to any pt belonging to Spaine or Portingall, except they should
be shiped for dry caske, he shall forfeit y* same whole pcell, or y« value
thereof; & y* said veiwers shalbe alowed 12** for every thousand of pipe staves
^.ch tij^y shall so search, (as well y® refuse as y* marchantable,) to be paid by
him who sets them on worker; & if any m' or oth^ officer of any ship or
other vessell shall receive into such ship or vessell any pcell of pipestaves to
be transported into any of y* said dominions w*^** shall not be searched &
alowed as marchantable, & so certified by a note und' y* liand of one of y*
veiwers, *such master shall forfeite for every thousand of pipestaves so unduly [*148.]
received five pound, except he shall pcure one of y* said veiw's to come
a board, & search such staves as they shalbe deliv'ed into y* shipp : this order
to be set up in some publike places in both y* said townes, vizj, y* meeting
house dore & some post at y* most usuall wharfe, & so in oth' townes as afore-
said ; pvided, y* there be liberty left for j^ transportation of cast staves, or
VOT^ IT, 22
170
THE RECORDS OF THE COLONY OP
1646.
4 lioTcmber.
631-
Ferries to be
ordered for
■aftye, &6.
oth' red oake staves, into those pts w**» may be of good use for dry caske, {5,
& y* there may be y* like offices chosen at Salem & Pascata^, where staves
may be shiped away, as well as from Boston.
Whereas men do passe over y* comon ferries in great danger often times,
& y* feri-ymen excuse y"*selues by y* importunity of passing's & want of
law to give them pow' to keepe due order, ^5, it is therefore hereby ordered,
y* no pson shall prcsse or enter into any ferry boate contrary to y* will of y*
ferrymen, or of y* most of y® passing" before entered, upon paine of lO* for
every such attempt, & y* every ferryman y* shall pmit & alow any pson to
come into his boate against y* will of any of y* ma*'**" or deputies or any of
y* eld" y** in such boate, or y* greater pt of y* passingers' y° in y® boate, shall
forfeite for every pson so admited or received against such will declared y*
sume of 20* ; & it shalbe in y« pow' of any of y* ferrimen to keepe out or put
out of his boate any pson y* shall enter into or stay in any such ferry boate
contrary to this order : & it is further ordered, y* all psons shalbe received
into such ferry boates according to their coming first or last, onely all publike
psons, or such as go upon publike occasions, as phisitians, surgeons, & mid-
wifs, & such as are sent for such, shalbe transported as such as were first.
Wliarfage.
632-
Orders to be observed by all such as shall bring any Goods unto the Wharfe,
1. That all forraine goods reckoned by y* tunn or loade shall pay 4^ p
timn, except it be otherwise specified,
2. Ficr wood shall pay 2** p tunn.
3. Stones 1** p tunn. 4. Timber 3** p tunn.
5. All cask goods, as fish oyle or y* like, of y* iurisdiction, shall pay
4** tun.
6. Pipe staves, 6** p thousand. 7. Hay, 2*^ p loade.
8. Great cattle a 1** p head, shiping or landing.
9. Goates or swine shall pay ^'^ p heade, a farthing.
10. Come, every bushell halfe a farthing, y* is, 1** a q'ter.
11. Fish, dryed, shall pay i^ p kintall, & all goods not included in these
to pay according to their pportions.
12. Y* what goods shall lye on y* wharfe above 48 houres shalbe ly-
able to pay whai-fige ag*, & so to continue for ev'y 48 houres so long as
they lye.
13. Y* woodc, stones, & all weighty goods shalbe landed & ord'ly set up
on end, or layd 7 foote from y* side of y* wharfe, imd' poenalty of double
wharfige, & so all oth' goods likewise.
& y* own's of wharfs, wheth' at Boston or Charlestowne, are required to
THE MASSACHUStnrS BAY IN NEW ENGLAND. 171
attend to these rules for wharfigc of such goods, this ord' to stand in force till 1 G 4 G.
y Co'tc of Election in 164:8. """^ r-^—'
•Whereas there appears some defect in y* law made 2 : 9 A 33, in y* no r»i 4^ ^
pvision is made for due recompcnce to y* marshall, in case where he shalbe ({^"l^
forced to travel! for y* levying a small suiiio, it is now ordered, y' in every Marnhalls, &?,
such case where }-* fees appointed for j-*^ levying of Jiny execution, or fine, or mjic ea pr mn
oth' sume, for publike use, will not answerc y^ travell, {c, in regard of y*
distance of place, y* marshall, or oth"" offic', shall have pow*" in such case to
demand 6'* y** mile, & to le^y y*" same upon refusall, {i\
It is ord'"ed, y' wheate, barly, rye, pease, & Indian corne shalbe at y* 634—
same rate in their severall prizes for y*^ paym* of y*' next country levy to come prices to be ^
in, as they were in y* pa\dng in of y* last rate, conceiving y® corne to be at as ?**>'* ^**' ^^^
rate.
lowe a rate as we may set y™ at w**^out great iniury to y® country ; & we ques-
tion not but as much more wheate Milbe paid in then will satisfy o' ingagem**
that way^
The Govern', il' Tj-ng, Capl Keayne, & y^ auditor gen'all are appointed Comittee for
— . . • • ^ 11 1 • ♦ 1 dispatchinge
a comittee to see to y* transcription ot ail such instrum" as are agreed upon, 3^, winsloTve.
for furnishing M' Winslow for o' affaires in England, y* they may be fairely
& ord'"ly written, & be ready to be deliv'ed to him before he go on board ; & Comittce for
Edw** Eawson is appointed to io\Tie w*** y** Secretary to veiwe }'* acts of this q^^I
Co'te, & see them fairely transcribed according to the mind of the Co'te.
Forasmuch as drunkennes is a vice to be abhored of all nations, especially 635—
of those who hold out & pfess y*" gospell of Christ Jesus, & seeing any strict -^8* drunken".
law against y* sinn "will not pvaile, vnles y* cause be taken away, it is there-
fore ordered by this Courte, —
1. First, y* no marchant cowp, nor any oth' pson whatsoever, shall after None to rctayle
y* first day of y* first month sell any wine und*" a q't' caske, neith' by quart, ^^^
gallon, or any otli' measure, but onely to such tavemeS as are licensed by y*
Co'te to retaile wine, or any one whom y^ Co'te may licence to sell p y^ gal-
lon ; & whosoever shall transgress y* order shall pay 10* to the treasur}'- of y*
country, to be levied by distres on his goods & chattels ; & where there is no
estate found, such delinquent ag*^ this ord' to be imprisoned dureing y* Co'ts
pleasure.
2. Y' no tavern' be licenced to sell wine, but sliall first pay a fine to y* Vintners to
treasury, & an yearly rent for his said license also. ^.^n^ ,
8. Y* y* cunstables have power fro™ time to time not onely to enter into Constables
& serch y* tavemes, for any disord' y' may be y^ found, to punish according to hJ^^^'^^j "^^
law, eith' y* tavern' y* suffreth misdemeno' in liis house, or any oth' offend"
there, as also to search any house suspected to sell wine contrary to y* ord%
172
THE RECORDS OF THE COLONY OF
16 46.
4 Xoyember.
Inform to haue
halfe y? fine,
till next Co^.
[•150.]
Victuall" not
to sufi^ tip-
linge.
636-
Nor other
p^ons seU to
strangers, to be
drunk in their
howsea.
Nor retayle
wines.
Nor merchant,
coupers, &c,
suffer exces-
siue drinkinge,
How to be
heard & deter-
mined.
Poenaltief),
how to be im-
ploded.
The 3 offence
of yictuallers.
also any tavern', or oth' pson, y* shall informe against any transgreser of y^
ord% shall hare halfe of the fine for his incuragment, y* to be of force to y*
end of y* next Co't of Elections, & no long', except y* Co'te shall oth'wise
ord'.
It is ord'ed & enacted, y* no pson or psons haveing licence to keepe a
comon house of int'tainm* shall suffer any pson or psons *at unseasonable
times to drinke or tipple in their houses, upon paine to forfeit for every fine
for each pson so tippleing five shillings ,• & it is declared to be unseasonable
times any time after nyne of the clock. This law doth not intend, neverthe-
les, to hinder y® intertainment of seafaring men, or land travellers in )'• night
season, when they come first a shore, or from their ioumey in such houses/
for their necessary refreshm^ or when they prepare for their voyage, or ioumy
next day early, so y* there be no disorder amongst them ; & ev'y pson y*
shalbe found so tippleing, he shall forfeit for ev'y such offence five shillings,
& for default of pUym* to be imprisoned till he shall pay it, or be set in y*
stocks an houre or more, not exceeding 8, as y* season will pmit, on a market
day ; nor shall any pson or psons sell strong water, vriae, or beere, in their
owne houses, to any Strang' or neighbo' to drinke, as those y* have licence to
keepe houses of comon intertainm* may do, upon paine to forfeit every time
for each offence tenn shillings ; & if any such private pson be not able or be
unwiling to pay his fine, y* cimstable, by warrant from the ma^'***, shall set
such a pson in y* stocks an houre or more, not exceeding 3 houres, as y* season
will pmit ; nor shall any pson or psons, not licensed, sell wines by retayle,
w"** is intended any measure lesse y" a q'ter caske, to any psons or families,
upon paine of forfeiting for every time so seling wine tenn 'shillings ; nor shall
any marchant, cowp, owner, keeper of wines, or oth' pson, y* hath y* gov'm*
of them, suffer any pson or psons to drinke to exces, or drunkennes, in their
"wine cellers, shipps, otK' vessels, or places where wines do lye, on paine to
forfeit for each pson drinking to excesse or drunkennes tenn shillings : the
offences ag** this law are to be hard & determined according to y* law made
ag** drunkennes, the 13*** of y^ 3*^ A, 1645, by any one ma*"***, who shall here-
by have pow', by warrant, to send for parties & "witnes, & to examine y* said
witnesses upon oath, & y® pties w***out oath, concerning any offence ag** y" law,
or y* said law of drunkennes ; & if any pty voluntarily confes his offence ag^
any breach of these lawes, his oath shalbe taken, & be a sufficient witnes ag**
any oth' offending at y* same time ; & y^ pocnaltics forfeited on this law to be
in such sort le>yed & disposed as is appointed in y* said law ag** drunkennes ;
& be it further enacted, y* if any pson y' keepeth, or hereafter shall keepe, a
comon house for intertainm*, shalbe lawfully convicted y* third time for any
THE MASSACHUSETTS BAY IN NEW ENGLAND. I73
offence ag** any branch of y* law ag** drunkennes, or this law, then ev'y pson 16 4 6.
so convicted shall, for y* space of three yearcs next ensuing y* said conviction, ~ ^ ~'
, ^ ,4 November.
be disabled to keepe any such house of comon intertainm', or sell beere, wine,
or y* like, & shalbe discharged for }-* said offence, by warrant fro™ any one of One magist**
y* magistrates, unles y* Courte shall see cause to continue them, at their dis- ^^ ^rp-uSo.
cretion ; & y* all liccnst psons sliall annually pay to y^ comon treasury, ppor- [Pa]m» for U-
tionably to y* place where he lives, y* Gcn'all Co'te renuing *annually their court.
licenses on such meete fines as they shall determine; & men of good report & [*151.]
ability to manage y calling shalbe willing to take it : for y*" ^sent, James Pcnn,
Rich'd Fairbanks, & Hugh Gunnison are liccnst for Boston, M' Long for Boston.
Charlestowne, & M' Clarke for Salem ; each of these to pay 15* p annum ; & xo,„,e.
whoev' is now licenst in this iurisdiction shall, by y® 10^^ of February next, ^^^^^
bring in, or send, und' their hands, notice to y^ audito' gen*^all of their resolving Notice to the
to continue their licenses for a yeare, to begin y^ 3'^ day of March next, pay- '
ing to y^ treasury for y fine above named 15* a pcece for y* yeare ; & in case Or others to he
they bring not or send such notice to y® audito' by y* time appointed, it
shalbe taken for granted y' they have no mind to continue their licenses ; &
they are to take notice, y^ they are no way iniuried, if y* Q^'ter Co'te put oth's hy the Q*Co»*.
in their roomes on such conditions, w'^** y® Co'te resolves to do, & so notice to
be given to all oth' licensed men in oth' small townes to give in their resolu- other townet
tions to hold their licenses on such tearmes as is pscribed by this Courte, vizj,
y* psons in such of those to^Ties by y* yeare.
Roxberry, .
2* . Ipswich, ... 2*
Newberry, 1*
Dorchester, .
1* "VVinnet semet, . 3*
Salsberry, 0. lOsh*
Cambridge, .
3* Marble Head, . 2*
Ilingham, 1. lOsh^
Linn, . . •
2*
"VVeymoth, .
0. 16*
That a due
pportion may be had in aU publike rates, it is ordered, y*
63&-
every male w^^^in.this iurisdiction, servant or oth', of y* age of 16 yeares & P'^*! **^*"
upward, shall pay yearly into y* comon treasury y* sume of 20**, & so in some polL
pportionable way for all estates, vizJ : y* all & ev'y pson y* have estates shall
pay one penny for ev'y 20* estate, both for lands & goods ; (& y* ev'y laborer,
artificer, & handicrafts man y* usually take in sumer time above 18** by y* day
wages, or worke by greate, w*^**, by due valuation, amoimts to more then 18*
by y* day, shall pay p annu" 3" 4** into the treasury, over & besides y« 20*
before mentioned ;) & for all oth" not pticulerly herein expressed, as smiths of
all sorts, butchers, bakers, cooks, victuallers, ^6, according to their retumes
& incomings, to be rated pportionable to y® pduce of y* estates of other men ;
pvided, y* such as are pore, by sicknes, lamenes, or other infirmity, (w***
174 THE RECORDS OF THE COLONY OF
16 4 6. makes them uncapable of such rates,) are hereby exempted; as also such
"^ ^ "^ s'vants & children as take no wages, their mast" or parents shall pay for y™ ;
-^ t ^^^ such as take wages shall pay for y^selues, y* ord' for exemption of ma*"***
ed tor 600". for 500* estate to abide in force notw***standing ; & hereby power is given to
y* Trcasm-er for y* yeare being, by warrant to y*. cunstable, in defect of paym*^
to attach psona, in case goods or lands cannot be found, & also to seize lands
or goods for such rates, yet not to meddle w*** lauds where sufficient estate of
goods or chattels appeare.
How estates For y* avoyding of all complaints by reason of unequall rates, either of
townes or psons, occasioned through y want of one gcn'all way & rule of
rateing through out y* country, & y* levies hereafter may be more easy, equall,
& certeine, it is hereby ordered, y* in all publike rates (till this Co'te take
further order therein) all sortes of cattle shalbe valued as hereafter is exprest,
r*l52.] vizj : cowes of *four year ould & upward, 5* ; heifers & steers betwixt 3 & 4
«
year ould, 4* ; heifers & steers between 2 & 3 year ould, fifty shill»" ; &
between 1 & 2 year ould, 30* ; oxen 4 year ould & upward, 6* ; horses &
mares 4 year ould & upward, 7* ; 3 year ould, 5* ; betwixt 2 & 3 year ould,
3* ; yearlins, 2* ; sheope above a year ould, 30sh'' ; goates above a year ould,
8* ; svdne above a year ould, 20sh" ; asses above a year ould, 2* ; houses,
lands of all sorts, marchantable goods, mills, shipps, lesser vessels & boates,
cranes, wharfes, togeth' w*** all oth' visible estate, reall & psonall, y* any pson
is possessed of, or hath in his custody, eith' at sea or on shore, to be valued in
y* severall townes according to their worth, in y* said places where they are,
pportionable to y* aforesaid prizes of cattle ; & it is )•« meaning of this order
y* because arrable ground, medowe, & cattle are to be rated, y* therefore hay,
together w^ all come growing in y*^ country, in y* husbandmans hand, shall
not be lyable to any rate ; & for avoyding all partiality in rating lands & oth'
Who shalbe estate not pticulerly prized in this ord', it is ordered, y* y' shalbe by ev'y towne
one of their inhabitants chosen by y* freemen of y* said towne, who, w"* y*
select townes men shall tiike y^ iust numb' of their males, & also shall make
a true valuation of all things rateable by this order, w^** inhabitants aforesaid,
for their severall townes respectively, shall meete at their shcire townes upon
yc gth 4th ^y Qf ye £j.g^ moutli next ensuing, to examine y* truth & equity of
each townes pceeding herein, who shall correct & determine as to the maior
pt of them seems right & iust to be done, according to y* true intent of this
order ; w*^** asseasm** of y* severall townes they shall, und' their hands, forth
with deliv' to y* Treasurer, who shall also forthw*** send forth his warrants
for leviing y* same w"*in one month, wherby he may have to answere y*
engagem** of y* country ; & all asseasm^ for estates shall henceforth be made
Gratuity e«
to ftcniants.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 176
y* first 4'** day of y* 6'*^ A, from time to time ; but all levies for y* psons 16 4 6*
shalbe made & paid iuto y* treasury in y* first A, fro™ year to yeare, as is ^*" ^ ~'
pvided in y* ord*" aforesaid.
It is ord'*cd, y* y* law made in y* 9^** A, 1644, for y* bringing sev'all 637—
psous of worth in y® country to an ord'ly election, should be put in execution ^^ "^^
for this year ensuing, save onely its desired y® time maybe changed, for y*
meeting at y*' shcire townes from y® last 5'** day of y* last A to y* 2^** 4^ day
of }-* first A, & so till y* last third day of y* first month.
It is ord'ed, y' y* auditor & surveyer shall pvide a safe place for y* coun- stock of powd»
J bestowed.
tryes powder.
It is ord'ed, y^ 20* shalbe given to servants of James Penn, for their
paines this Courte.
It is ord^^ed, y* 20* shalbe given to y* servants of Hugh Gunnison, for
their paines this Courte.
Since Evidence so disposeth as y* y* Co^'te cannot close in one about y* M' Winsiowe
aIovto
pty ppounded to be ioyned in comission w^ M' Winslow, & cannot thinke
of any oth*" man so as they can thinke mecte to imploy therein, (o' ma*'*'* y*
go refusing,) they desire M' Winslow may help himselfe by y® best counsell
of o' freinds as he can, & y* o*" hono'"ed ma''*'* would impvc their best interest £rc8 priu* to
y' way, by lett^'s to their freinds ; & y° we question not y* well earning an
end of y* busines by o' agent, as it is or may be mamigcd by o'selues.
It is ord'*ed, y' a coppy of }-* petition of Docto' Child, ^<?, & o'^ charge & Copies of the
their answer^, o' sentence thereupon, & dec-laration of y* Co''ts apphension of
their petition, {^, be deUv''ed to M' Winslow to *make use of in England, as [♦ISS.]
occasion may require.
It is ord'^ed, y' such monyes as have bene borrowed of div'se men by y» Repaym* of
Co'te are to be, & shalbe, repaid y*", by y* first of y* 2** A next, in mony, beav', J|J» wL»l6.
or wheatc at 3. 8** p bushell, & w'^^all, y* y* Treasurer may engage himselfe
for satisfaction accordingly.
Upon consid'ation of }-* petition exliibited to y" Co'te by y* inhabitants of 638^
Dover & Strawberry Banke, & y* grant made by y^ assignes of y* lords & ^"cataqk pet*
gentlemen, patentees there, & y* agreement made between this Co'te & y** said
inhabitants, it is ord'ed, y' y* Co''te will (upon y* first oportunity) confer w***
M' "Whiting & oth' of y® said assignes about reasonable accomodation to be
alowed to y* said inhabitants ; & if y« said assignes will not accord w*** us
therein, }-* Co^te will resigne whatsoev' y* said assignes have granted to us, &
will hold o''selucs discharged of any engagem* thereupon ; for w** they granted
us y* gov'm* of the people, it was intended y* people must have sufficient land
to live upon, oth'"wise y' can be no people, & consequently no goverm*, & so
y« grant voyde ; & y* a coppy of this order shalbe sent to M' Whiting, or
4 NoTembor.
176 THE EECORDS OF THE COLONY OF
16 4 6. some other of y* assignes, to y* end y* they may be at y* next Gen'all Co'te,
in y« 3*^ A, to give in their resolution herein.
As for y* oth^ pt of their petition, concerning freedome fro™ being implead-
ed in oth' Co'ts of this iurisdiction, this Co^'te doth declare y* y* said inhab-
itants (even by their owne agreement) are bound to y* gcn'all lawes & ord"
of y* iurisdiction, in y* point, as Salem & Ipswich are ; nev'theles, y* Co'te
being sensible of y* great burthen w<=** may fall upon y® inhabitants of y* said
ryver, if they shalbe forced (upon small occasions) to travell to Boston, or oth'
Co'ts farr of, it is therefore ordered, y* none of y* said inhabitants shalbe com-
pelled, upon any originall pees, to travell out of y* limits of Norfolke to an-
sere in any civill action for any cause whereof y® originall debt or damage
shall not truely exceede 100*, nor shall any of y said inhabitants have liberty
to call any pson out of any oth*" limits, to answere in any like action, in any
639— Co'te to be holden in Norfolke, und' y* same value ; pvided alwayes, y^ if any
pson shalbe attached, to answere, ^5, such pson shalbe bound to answere, ^6,
in y* Co'te of y* limits where such pson shalbe so attached.
Tho: Fofter. Thomas Foster is, by ord' of Co'te, referred to M' Auditor, to have a bill
for his due, according to y* computation of 30* p @, for y* time he served
till dismissed.
H'Dunsterto The Co'te hath voted M' Dunster 100*, to be paid him out of y* next
b6 D* 100"
' country rate in pt of his debt, besides y* 18* due to M' Sheopard, w^ M'
Auditor sales care is taken for satisfaction of.
Co&itteein The Secretary, M' Audito' Gen', Cap? Atherton, & M' Sparhauk are ap-
pointed a comittee to examine witnesses & draw up y* case about Cap? Smith
■«'• & M' Kezar kiling, stealing, & wronging of y* ncgers, ^6.
Against Blasphemy of y* Name of God.
540^ Albeit faith be not wrought by y* sword, but by y* word, & therefore
[* 154.1 *8uch pagan Indians as have submited y™selucs to o' gov'm*, though we would
not neglect any due helps to bring y™ on to grace, & to y* meanes of it,
yet we compell y™ not to y* Christian faith, nor to y* pfession of it, eith'
by force of armes or by pccnall laws ; ncverthclcs, scing y* blaspheming of y*
true God caimot be excused by any ignorance or infirmity of humane nature,
y* et email pow' & Godhead being knowne by y* light of nature & y* creation
of y* world, & comon reason requireth every state & society of men to be more
carefull of ^venting y* dishono' & contempt of y* most high God (in whom we
all consist) y** of any mortall princes & magistrates, it is therefore ord'ed &
decreed, by y* Co'te, for y« hono' of y® eternall God, whom onely we wor-
ship & serve, y* no pson w^'^in y* iurisdiction, wheth' Chiistian or pagan, shall
"i^nttingly & willingly ^ume to blaspheme his holy name, eith' by wilfnll or
the case of
Smith & Key
THE MASSACHUSETTS BAY IN NEW ENGLAND. 177
obstinate deniing y« true God, or his creation or go verm* of y* world, or shall 16 4 6.
curse God, or repach y* holy religion of God, as if it were but a politick device ~ ^ ~
to keepe ignorant men in awe, nor shall utt' any other eminent kind of bias- ^. j^^^ ^ '
phemv, of y* like nature & degree ; if any pson or psons whatsoever, w***in o' Indian or
\ ^ * * other, capitall.
iurisdiction, shall break this lawe they slialbe put to death.
It is ordered & decreed by this Co't, y* no Indian shall at any time paw- 641—
waw, or pforme outward worship to their false gods, or to y* devill, in any pt y^^y,c
of o' iurisdiction, wheth' they be such as dwell here, or shall come hith'. If P^curer, abet-
tors, &c, fine,
any shall transgres this law, y® pawwaw' to pay 5*, y* pcurer 5*, & every assistant
countenancing, by his ^sence or otherwise, (being of age of discretion,) 20sh*.
Though no humane pow' be Lord ov' y* faith & consciences of men, & 642—
therefore may not constrainc y™ to beleeve or pfes sls^^ their conscience, Notorious &
■^ "^ a- *^ y obstinate here-
yet because such as bring in damnable heresies, tending to y® subversion of tics fined.
y* Christian faith, & destruction of y® soules of men, ouglit duely to be re-
strained fro™ such notorious impiety, it is therefore ordered & decreed by y*
Co'te, y^ if any Christian w^^in this iurisdiction sliall go about to subvert &
destroy y* Christian faith & religion, by broaching or maintaining any damna-
ble heresy, as deniing y* iinortality of y* soule, or y* resurrection of y* body,
or any sinn to be repented of in y* rcgen'ate, or any evill done by y* outward
man to be accounted sinn, or deniing y^ Christ gave himselfe a ransome for o'
i^ns, or y^ we are iustified by his death & righteousnes, but by y* pfection
of o'^ owne works, or deniing y* morallity of y* 4'^ comandem*, or any oth*"
heresy of such nature & degree, evfy such pson continuing obstinate therein,
after due meanes of conviction, shall pay to y* comon treasury during y* first
six months 20* a month, & for y* next six months 40" p i?i, & so to continue
dureing his obstinacy ; & if any such pson shall endeav' to seduce others to y* Seducers,
like heresy & apostacy from y* faith & religion of o^ Lord Jesus Christ, he
shall forfeit to y* comon treasury, for every severall offence therein, five
pounds.
•Forasmuch as in these countiyes, where y® churches of Christ are seated, [♦ 155.1
y* pspity of y* civill state is much advanced & blessed of God, when y® ordi- 643—
nances of true religion & publike worship of God do find free passage in
purity & peace, therefore, though we do not iudge it meete to compell any to
enter into y* fellowship of y* church, nor force y" to ptake in y*' ordinances
peculiar to j** church, (w<^^ do require volentary subiection therexmto,) yet,
seeing y^ y* word is of generall & couion behoofe to all sorts of people, as
being y* ordinary meanes to subdue y* harts of hearers not onely to y* faith, &
obedience to y* Lord Jesus, but also to civill obedience, & allegiance unto
magistracy, & to iust & honest conversation towards all men, —
VOL. II. 23
178
TUE RECORDS OF THE COLONY OF
16 40.
4 November.
Absence from
pub> assem-
bly eSf &C, after
due meanes of
conuictiO.
Fine, o".
644-
Disturbers of
churches, &c,
duly couuict.
riue, 40» p»
month.
645-
A'ainc swear-
ingc.
Fine, lO.
One magist**,
or ■tocks.
646-
Indians to be
instructed in o'
lawcs & in re-
ligion.
[*156.]
It is therefore ord'ed & decreed, y' Avhercsoev' y' miiiistery of y* word
is estiiblished according to y*' oid"^ of y* gospell throughout y" iurisdiction,
cv'y psou sludl duely resort & attend thereunto respectively, upon y* Lords
dayes, & upon such publike tists dayes & dayes of thanksgiving as are to be
gcn'ally held by y'^ .appoint ni* of authority ; & if any pson w"'in y" iurisdic-
tion shall, w*''out iust & necessary cause, w^'ulraw him selfe fro°* hearing y°
publikc niinistery of y** word, after due incanes of conviction used, he shall
forfeite for his absence fro'" ev'^y such publike meeting 5slr.
It is ord'^ed & decreed by y" Co^'te, y* if any pson, wheth' in churchfel-
lowship or out of it, shall go about to destroy or di^tm'be the ord' of y*
churches established in y^ country, by open renouncing their church estate, or
their minister}', or oth' ordinances dispenciKl in y"', eith' upon pteiice y' y*
churches were not planted by any new apostles, or y^ ordinances are for car-
nall Christians, or babes in Chribt, & not for spirituall or illuminated psons,
or upon any oth'" such like groundles conceite, ev'y such pson who shalbe
found culpable herein, after due meanes of conviction, shall forfeit to the pub-
like treasurj' 40bh* for ev'y month, so long as he continues in his obstinacy.
It is ord'ed & decreed, y* if any 'pson w*^in this iurisdiction shall sweare
rashly & vainely, eith' by y® holy name of God, or any oth"^ oath, he shall
forfeite to y* comon treasur}', for ev'y such sev'al offence, 10" ; & it shalbe in
y® pow' of any ma*"*^ to call such pson before him by warrant to y^ cunstable,
& upon sufficient pofe, to pass sentence, & levy y® said pccnalty, according to
y* usual ord' of iustice ; & if such pson be not able, or shall utterly refuse
to pay y* foresaid fine, he shalbe comitted to y* stocks, there to continue not
exceeding 3 houres, & not lesse y° one houre.
Consid'ing y* one end in planting these pts was to ppagatc y* true reli-
gion unto y® Indians, & y* divers of V" are become subiects to y* English, &
have engaged themselues to be willing & ready to und'^stand y^ law of God, it
is therefore ord'^ed & decreed, y' y* necessary & holesome lawes w*^^ may be
made to reduce y°* to civility of life slialbc once in y* yeare (if y* times be
safe) made knowne to y"' by such fit psons as y® Co^'te shall nominate, havc-
ing y help of some able interpreter w*** y'". Consid'"ing, also, y^ interptu-
tion of tongues is an appoinm' of God for ppagating y* truth, & may there-
fore have a blessed succease in -v* harts of oth" in due season, it is therefore
furth' ordered & decreed, v* two minist" *shalbe chosen bv ^•* eld" of >••
churches ev'y yeare, at y'- Co^'t of Election, & so to be sent, w"» y" consent of
their churches, (w**» whomsoev' will freely offer y"'selues to accompany y™ in
y* service,) to make knowne y** heavenly counsell of God among }•* Indians
in most familiar mann% by y* help of some able interpret', as may be most
THE MASSACHUSETTS BAY IN NEW ENGLAND. 179
avaylable to bring y™ to y* knowledge of y® truth, & their conversion to Jesus 16 4 6.
Christ ; & for y* end, y^ some thing may be alowed y"* by y® Gen'all Co'te to ^ ~'
give away freely unto those Indians whom they shall pccive most willing & g^^^^ incour-
ready to be instructed by y™. *^^™**
Forasmuch as y* open contempt of Gods word & messcng" thcrof is y® 647—
desolating sinn of civill states & churches, & y' y^ preaching of y^ word by ^^^P^^o^^hmge
those whom God doth send is y*^ cheife ordinaiy mcanes ordained of God for the min's
y* converting, edifiing, & saving y® soulcs of 5^ elect, through y** ^sence &
pow' of y® Holy Ghoast thereunto pmised, & y® ministry of y*' word is set up
by God in his churches, for those holy ends, & according to y* respect' & con-
tempt of y* same, & of those whom God hath set a pt for his oAvne worke &
implim*, y* weale or woe of all Christian estates is much furthered & pmbted,
it is therefore ord^ed & decreed, y' if any Christian, so called, w^^in y iuris-
diction, shall contemptuously behave himselfe toward y* word preached, or y®
messeng" thereof called to dispence y® same in any congregation, when he
doth faithfully execute his service & office therein, according to y*^ will &
word of God, eith' by interrupting him in his paching, or by charging him
falsely w^^ any error w*^^ he hath not taught, (in y® open face of >-* church,)
or, like a sonn of Corah, cast upon his true doctrine or himselfe any reproach,
to y* dishono' of y* Lord Jesus, who hath sent him, & to V' dispagm* of y* his
holy ordinance, & making Gods wayes contemptible & ridicules, y' ev'y such
pson or psons (whatsoev"^ censure y® church may passe) shall for y*^ first scan- i- Rcproncdby
the mag*".
dole be convented, & repved openly by y*^ ma'*****, at some lecture, & bound to
their good behavior ; & if a second time they breake forth into y*' like con- 2 Off. 5", or
stand vpon a
temptuous carriages, either to pay 5* to y** publike treasury, or to stand two block, &c.
houres openly upon a block 4 foote high, on a lecture day, w^ a pap fixed on
his breast, w«» tliis, A WAXTOX GOSPELLER, written in capitall lett's,
y' oth's may fear & be ashamed of breaking out into the like wickednes.
If any child or children, above 16 yeares ould, & of sufficient und'- 648—
standing, shall curse or smite their naturall fath*" or mother, he or shee shalbe g^itince par-
put to death, unles it can be sufficiently testified y^ y^ parents have bene very ^*® capitaU.
unchristianly negligent in their education of such children, or so pvoked them,
by extreame & cruell correction, y^ they have bene forced thereunto to pserve
themselues fro°^ death or mayming.
If a man have a stubbome or rebellious sonne, of sufficient yeares & un- 649—
d'standing, vizj, 16, w*^^ will not obey y* voyce of his fath' or y* voyce of his ^^j^^^^
moth', & y^ when they have chastened him will not harken unto y", y** shall Capitall.
his fath' & moth', being his naturall paients, lay hold on him, & bring him to
y« ma^*^ assembled in Co'te, & testify unto y", by sufficient evidence, y* y*
180 THE RECORDS OF THE COLONY OF
16 4 6. their sonn is stubborne & rebellious, & will not obey their voyce & chasticem*,
~ ^ "^ but lives in sundry notorious crimes, such a sonne shalbe put to death.
r»i r-r 1 *If any shall wittingly bumc, or oth'wise destroy, any frame timb' hewed,
650— heaps or stacks of woodc, coales, come, hay, strawc, hemp, or flax, he shall
Burnige restore double damage to y* own'.
frames, wood, , , i* n
coaie, come, Whosoev' sliall kindle any fires in }** woods, before y* 10*** day of y* fiirst
bhfdkmL^'''* A, or after y« last day of y*' 2'*» A, or on }^ last day of the weeke, or Lords
651— day, shall pay all damages y* any pson shall loose thereby, & halfe so much to
Kindiinge fires y« comon treasury.
in wudS| &c. "...
P^p All servants & workmen, imbcziling y* goods of their masters, or such as
Scruants im- set y™ on worke, sluiU make restitution, & be as lyable to all lawes & poenal-
*' *'* ties in y' beludfe as oth"^ men.
653— It is ord'^ed by y" Co'te, y* if any pson shall, at any time, play or game
Piaymg for £qj. ^^^y money or mony worth, every such pson shall forfeite treble y* value
of y' so played or gamed for to y** coiiion treasury, halfe to y^ pty informing
thereof.
654— It is ord'^ed by tliis Co'^tc, y* if any pson shalbe taken or known to rob
Robbing Orch^, i*ini ^ r r »
fruit trees, lin- any orchard or garden, y* shall hurt or steale away any grafts, or fruite trees,
A^-^'^dT - fruites, any linnen, woUcn, or any oth' goods y* shalbe left out, in orchards,
ages. gardens, backsides, or any oth' place, in house or feilds, or shall steale any
u* whipped, "wood from y'^ water side, fro°* mens dores or yards, he shall forfeite treble
damage to y^ own' thereof; & if they be children or servants y* shall trespas
herein, if their parents or mast" will not pay y* pocnalty before ex^ssed, they
slialbe openly whiped.
Prudcntiall Lawcs.
655— Ev'y towneship, or such as " aie deputed to ord' y prudentials thereof.
Idle p^ns. gjj^i i^^y^ pQ^,r ^^ ^j^^t to y^ Q't' Co'tc all idle & unpfitable psons, & all
children, who are not diligently implied by their parents, w*"^ Co'te shall have
pow' to dispose of them, for their owne welfare & impvem* of y* comon
good.
656— Tile earth, to make side ware, shalbe diged before y^ first of y^ 9*^ A, &
Tyie earth. tumed over in y* last or first rfi ensuing, a month before it be wrought ; & who-
soever breaks tliis order shall forfeite, to y* use of y comon treasury, halfe such
tile as shalbe oth'wise made.
657— Because y® har>'est of hay, come, flax, & hemp comes usually so neare
Artificers, AS, ^^j^eth' y* much losse can hardlv be avoyded, it is ordered & decreed bv y*
to worke in ° •' * j ' - ^
baruest, &s. Co'te, y* y* cunstable of ev'y towne, upon request made to y", shall require
artific" or handicrafts men, meete to labo', to worke by j-* day for their neigh-
4 November.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 181
bo''s needing y™, in mowing, reaping, & iiiing thereof, & y* those whom they 1 G 4 6.
help shall duely pay y™ for their worke, & if any pson so required shall refuse,
or y* cunstable neglect his office herein, they shall each of y™ pay to y* use
of }'• pore of y*^ towne double so much as such a dayes worke comes unto ;
pvided no artificer, {y, shalbe conipelcd to worke for oth" whiles he is neces-
sarily attending on like busines of his owne.
Every baker shall have a distinct marke for his bread, & keepe y* true 658-
assises, as hereaft' is exjpssed, vizj : w° wheate is ordinarely sould at their yJ^^T °
sev'all rates, y' penny white loafe by avordcpois weight shall weigh,' when
wheate is at 3sh* y* bushell.
y* white, . .
11] S wheaten, .
. 17iS
household.
2.3 5
w° at 3i% . .
lOi M'heaten, .
. 151
househokl.
201
w°4», . . .
9| wheaten, .
. 14
household.
m
w«^ 4J% . . .
8j; wheaten, .
• IIJ
household.
IGi
w° 5, . . .
7 J wheaten, .
. UJ
household,
loi
*when wheate is
5i" bush, . w', 75
wheaten,
10}3 household,
14 S
when
6 . G
10
13
when
6i» . 6
09*
12iS
[♦158.]
und"^ y* pocnalty of forfeiting all such bread as shall not be of y* sev'all
weights as is above mentioned to y** use of y* poore. Willi : Piu-ks & Willi : Clcrken of the
Stitson are appointed clarks of \^ market, & authorished hereby to see to y«
execution & pformance of tliis order.
It is ord'^ed by y* Co'"te, y* where wood is brought to any towne or house 659—
by boate, it shalbe thus accounted & assb^ed : 4 tuim shalbe accounted 3 loads ; ^^^ ^
J ' ' woode.
12 timn, 9 loads ; 20 tunn, 15 loade ; G tunn, 4j loads ; 14 tunn, 10^ loade ;
24 tunn, 18 load ; 8 tunn, 6 loade ; 16 tunn, 12 loade ; 28 tunn, 21 loade ;
10 tunn, 7^ loade ; 18 tunn, 13^ loade ; 30 tunn, 22^ loade.
Juditiall Pccedings.
If any pson shall wittingly forge any deede or conveyance, testam*, bond, 660—
bill, release, acquittance, lett' of attiu'ny, or any writing, to pv't equity & ius- ^^^'^en-e.
tice, he sliall stand in y* pillery tliree sev'all lecture dayes, & rend' double
damage to y* pty wronged, & disabled to give any evidence or verdict to any
Co'tc or magistrates.
If any man shall uniustly, of meere malice, coiiience or psecute any 661—
action, suite, complaint, or inditem*, in his owne name or in y« name of others, '^^^^t^ous
* '' suite.
to y* vexation of any pson, he shall pay treble damage to y* pty greived, & be
fined 40sh" to y* comon treasurj'.
182
THE RECORDS OF THE COLONY OF
1G4 6.
4 November.
662-
l^ecpers of
prisons.
663-
P^clam. ag*
p'sons cndltcd
for cap*> off.
Bstate seised.
664-
Hid & crye.
665-
Conucyinge
malefactors to
prison.
666-
Where no own-
er of lande or
goods appoarcs.
M'Wardes
pet*.
Constab. of
HolL
[♦159.]
666-
Springfeild.
Keepers of comon prisons shall receive all prisoners brought to them by
warrant fro"* any ma^™'* w^**out takeing any fees of y*' ptlcs y^ bring y"*, und'
y* pccnalty of 5* for ev'y offence.
If any pson shalbe indited of any capitall crime, who is not then in
durance, shall refuse to rend' his pson to some ma^™*'' w^'^in one month after
three pclamations publikely made in y^ towne Avhere hcc usually abides, there
being a month betwixt pclamation & pclamation, his lands & goods shall be
seized to y® use of y coiuon treasury till he makes his law full appearance ; &
such w'Mrawing of himsclfe sliall stand in stead of one witnes to pve his
ciyme, unles he can make it appcare to y® Co'tc y* he was necessarily hin-
dered from such ap[>earance.
If any officer or other shall refuse to do their best endeavo' in raising &
psccuting hue & ciyes by foote, &, if neede be, by horse, after such as have
coiiiitted capitall crymes, they sliall forfcite, for ev'^y offence, to y* conion
treasur}', forty shillings, such hues & ciyes as be alowable by lawe.
Such malefactors as are coiiiitted to any coiiion prison shalbe conveyed
tliith' at their owne charge, if they be able ; oth'^wise, at y* charge of y*
country.
Where no lieire or owner of houses, lands, tenem^, goods, or chattels
can be found, they shalbe seized to y* publike treasury, till such heires or
owners shall make due clayme thereto, to whom they shalbe restored upon iust
& reasonable tearmes.
Upon M"^ Wardes petition about y* tenn pound demanded by him, y^
busines is refered to M"^ Bellingham & M' Audito*" Gen'', who are appointed
a comittee to heare & end y* difference between M"^ Ward & M' Saltonstall,
executor of iP Dilhngham.
^ Loreing is chosen cunstable of Hull for y* yeare, & untill newe be
chosen in his roome ; & he is, w^ y* first •oportunity, to repaire to some
ma*"** to take his oath ; & y* people there inhabiting, & all oth", who shall
resort thither, are to be subiect to this authority coiiiitted to him, & to give
him due assistance in his office w° they shalbe required.
The Co'te, haveing consid'ed y* controv'sy between y*^ lurisdiction of
Hartford, upon Conectecot, & y* inhabitants of Springfeild, upon y* same
ryver, touching eith' y* purchase of y* forts at y ryv^'s mouth, or }•* paym* of
such custome as is or shalbe imposed upon y*" toward y® maintenance of y*
same, doth declare its iudgm* as followeth : —
1. They conceive y* }-* iurisdiction of Hartford, upon Coiiectecot, have
not a legall pow' to force any inhabitant of anoth' iurisdiction to purchase any
fort or oth' lands out of y* iurisdiction without their consent.
THE MASSACHUSETTS BAY IN NEW ENGLAND.
2. They conceive y' it were iniurious to require custome to y* maintain-
ing of such a fort, vi^^ is not useful! to such of w™ it is demanded.
rt rr»i 1 • 1 • ^^ /* • i • * November
3. iney thmke it very uncquall tor y™ to impose a custome upon their
freinds & confederates, who have not more benefit of y* ryver, by exporting
& importing of goods, y° Strang" of anoth' nation, who (though they live
w''*in Hartford iurisdiction) pay none.
4. The ppounding & standing upon an imposition of custome to be paid
to y^ riv's mouth, by such as were or are w'^in o' iurisdiction, hind'ed o'^
confed'^ation above tenii ycares, & there was nev' any paid to this day, & now
to impose it upon any of o" aft' o' coufed'ation will put us to new thoughts.
5. It seems to us very hard, y' any of o' iurisdiction should be forced to
such a bondage as will necessarily inthraule their posterity, by imposeing such
rates & customes as will either constraine y™ to dept their habitations, or
weaken their estates, especially w"* as they w'** y*" first tooke possession of y«
ryver, & were at great charge of building, {p., w^^ if they had foreseene would
not there have planted.
6. If Hartford iurisdiction shall make use of their power over any of o",
we conceive we have y* same pow' to imitate y" in y* like kind, w*^** we desire
may be forborne on both sides.
The Courte doth conceive, y* if this Co'te doth not confirm }-* will of y® Mary Beuiami.
said Mary Beniamin, she not being of age, (w*^** it seeth no equity for in tliis
case,) y* \'* administration of y^ estate of y^ said Mary should be granted to
Abigaile Beniamin, )•* moth' of ye said Mary, for bringing up the yong' chil-
dren, & y^ y® estate to be divided by 5 commission's, to be appointed by this
Co'te, who shall make rctume thereof to y* next Co'te.
Forasmuch as it is informed to this Co'te y* Addis did und'takc for y* Barnes her pe-
fine of five pounds, against advice w^** was to punish Barnes corporally, it is
thought fit y* if Addis pay y' fine, he shall scekc his remedy fro"* y* husband,
so as he take nothing fro"* y^ wife, y® petition', w®** *she hath for the malnte- [*160.]
nance of her selfe & two small children, nor detaine any thing due to her.
Upon y* petition of M' John Cotton & M' Thom : Cobbet, about The- Theophiius
ophilus Skeppar : Whereas it appcares unto this Co't y' M' Benia : Keayne is
indebted unto Theo : Skeppar in y® suuie of 51*, payable to y® said Theoplii :
at y* age of 2 1 yeares, for \\^^ pay m* y® said M' Keayne hath also by his deede
bound ov' his farmc at Linn, since w'-** it also appcth y® said M' Keayne hath
made ov' all his estate to his wife & to his fath', for y* discharge of his debts,
^6, but, y® said Theophi : being an orphan, his guardians desire y* security
should not be alt'ed, y" Corte, well weighing y* ^mises, have ord'ed, & hereby
do ord', y* y* said farmc in Linn shall not be allienatcd or any way disposed
184. THE RECORDS OF THE COLONY OF
1 6 4 G. by y* wife or fatli' of M"^ Beuia: Keaync, but shall remaiiic engaged for se-
^ curing y^ 51* to y® said orphiin, at y* Jigc of 21 ycares, as is pvidcd in y* deede
4 November.
above mentioned, any act or thing to y* contrary notw^'^standing.
Reparation of The Co'te hath appointed 10* to be paid out of y'^ next country rate to-
wards y* most needfuU reparations of y prison & y*^ keeps house.
Jo : Webster Upon y*^ petition of Mary, y widow of John Webster, y' her eldest somie,
his estate
John "Websf, should have y** land called y^ farme, w*^^ lycth between M' Eog's
oxe pasture & Thorn : Bishops farme, consisting of about 32 acres, w° he
comes to y* age of 21 yeares, oncly binding him to pay Natlian, y* yongest
child, 5*, at y* age of 14 years ; or if he refuse to pay 5*, y° y* 4*^ pt of y*
land in kind, or y^ worth ;
Tliat Mary, Stephen, & Hannah may have y*' iland bought of 5^ widow
Andrews between y*" in equall ^portions, w° they shall come to the age of
21 years;
That Elisabeth, Abigail, & Israeli, to have each of y"* 20 nobles at y*
age of 21 years ; y* dweling house & 6 Jicres of land tied to make it good.
It is conceived meete y* y* estate of Jolm Webstar, deceased, be ord'ed
according to y* widows desire, before expsscd, & y^ y* widow shoidd have
pow^ to administ', & y* for y* due pformance of y* betrust shee should put in
her owne band for security to such a suuie as Ipswich Co'^t next shall approve,
& receive of her 5** inventory, amount* to 147* osh".
M» Scwell. Upon y* petition of Stephen DuiTier, M^ Seawall was sent for.
Lande to be Whereas y* Co'te hath form'ly granted to y^ wor" Thom : Dudley, Dep-
Depty**to Cap^ ^^^ Gov% 274 acres of land, to Eob^'t Keayne 400, to Capl Perkins 400, to
Keaine, &c. Rich'd Parker, p Jn** Johnson, 436, to Capl Jennings, Eich'd Browne, Leifl
Hewes, Eld*" Heath, John Johnson, W*" Parks, & diva's oth's, sev'^all pcells of
land, granted also by y° Gen'all Co't, between y* bounds of Dedliam & Water-
towne, & did also appoint survey^'s to lay y® same out, — now, in regard so many
are mtrusted, & few looke after it, as also, for want of an ord'ly way of pceed-
ing, it hath bene neglected these many yeares, to y* piudice of many, it is
therefore ord'^ed, y* so many of y* grantees as shall meete at y* house of
Rich'd Fairbanks, at Boston, on }•* 25*^ day of Decemb% 1646, & there put
in their names, w'** y* qiiantities of land granted to y", & shall cast lots how
ev'y mans pt shall lyo, sliall come in y*^ first division to be layd out, & y* y*
said first numb*" sliall begin to lay out in some one place of y^ bounds above
mentioned, & so to lye one by anoth' as their lots fall, & in case sicknes or
[*161.] any oth*" impedim* should liind% Willi: Aspinwall or George *Munings, w***
are now appointed to lay out y" above said lots fro"* pforming y* same, y* in
THE MASSACHUSETTS BAY IN NEW ENGLAND. 185
BUch case it shalbc lawfull for y* maior pt of those first meeters above men- 1 6 4 G.
tioned to make choyce of an oth' to do y* same. ~ ^
Pessicus his sonne being put to James Davies wife to be necre M' Oliv', p^gj^j^g y,
for cure of a fistula, it is ord'ed y' she should be satisfied by the Treasurer. childe.
The Co'te, haveing pused those paps w*^ conceme y busines comited to M' Winslowc.
M' Winslow, do consent to them.
The Co'te doth acknowledge w^** thankfulness y* good service of M' M' Hibbim
recompencet
Hibbens in his voyage for England, & conceive some comfortable measure of
satisfaction should be made him therefore ; but haveing intrenched hitherto on
his patience, not doubting of his being deeply sencible, w**> us, of y^ great &
urgent necessities & necessary charges w*** y* colony is at, for psent hopeing y*
he will not be unwilling to stay for his due recompence till a more meete
season, w*** we shall not willingly forget him in, on furth' consid'ation he is
granted thirty pounds.
The Co'te is not a little affected w'^* sorrow y' y* pov'ty of y country & to the Secrc-
should so appeare at this time, as to w*^draw the hono^'ablc, respective, & due J^pg^"**
recompence to o' Secretary for his deserving paines, as they are sencible of, &
would willingly afford ; but they hope y' y* benefit of y* law for transcribing
copies & fees are some recompence ; for ^sent have granted him five pounds,
& resolve to quicken y* form"" ord*", & time would pmit to enlarge y fees of
offic" in this kind to their bett' encouragcm'.
Answers to the ^positions w<^** the Und'^takers for the Iron Works
psented.
1. That whereas the Co*'t y* last yeare granted them, for 21 years fro y* An8iv"tothe
7*** of y* first A, 1644, the priviledg of y* iron works, they desire 21 year fr5 theTDdw--
y* first of r 8'»> A, 1645, w'^ the Co'te granted. **''«" of y
iroQworkes.
2. The Co'tc granted that satisfaction to ppriet's should be issued by 3
men, one chosen by y* Co'te, one by y® und^'tak's, & one by y* ppricto^
3. Whereas they desire (insteed of 10 years, for seting up & finishing
any of their works, not exceed^ 6) y* whole time of y* grant, the Co^te dis-
sents.
4. Whereas they desire to be left at liberty for more or lesse works not
exceed* 6, the Co'te grants their desire therein.
5. Whereas y* Co'te granted y" 3 miles square in land to ev'y worke y^
they shall set up & finish, not exceed* 6, & y* they thinke they are tyed to so
many sev'^all places accord* to y* numl/ of works they shall erect, their request
is (in case they see cause) y* they may erect so many works in one place (not
exceed* 6) as they shall thinke meete, & y* they may have 3 miles square
VOL. II. 24
186
THE RECORDS OF THE COLONY OF
4 November.
16 4 6. granted for ev'y such compleate worke so set up, w'^^ they desire may be layd
out to y™ in one place where they would have it w^ it is not y** in ppriety, w*^
is granted.
6. Whereas they desire y* Co'te would not restraine y™ fro" selling iron,
or iron worke, eith' to Indians or enemies, any furth' then we restraine o'selues
by law, w<^^ the Co'te granteth.
7. Whereas they desire exemption fro™ watchings & trainings for all y*
they shall see meete to imply in y* iron works, onely to find armes accord*
to ord', they are granted accord* to form' grant, w*^** is to exempt fin's, found's,
& ham'men, ^<9, & oth's constantly implied, (w*^^ we t^* to be y« true intent
of y* Co'te in y* grant,) y™ to be such as are so constantly implied, as those
are y* are imediately before exprest by y* names of fin", found's, ^,
8. Whereas they desire y* filing up of y* blanks, it is granted.
9. Whereas they desire y* last pticuler may be left out, about desired to
pvide a mi', it is granted that to be left out.
1647.
•J Gen-all Co'te of Election, the 26* of the 8* M% 1647.
26 M«r.
P'SENT, The Gov'n :,
M' Bradstreete, '
[•162.1
The Deputy,
M' Flinte, r
M' Endecott, ^
M' Hibbens, *
M' Bellingham, "
M' Symonds, ^■■
Incr : Nowell,
Cap? Bridges ; '
■
"' Deputies,
'4ft
Leif? Lothrope,
M' Eawson,
Jacob Bamy,
Tho : Dyer,
Leif : Norton,
Boozoon Allen,
M' Jose : Hill,
Josu: Hubberd,
M' Glover,
M' Griffin,
Leif? Clapp,
Hen : Chick'*
Maior Gibons,
John Kinsbury,
M' W™ Tinge,
M' W"» Hooke,
John Johnson,
W» English,
WUli: Parks,
M' Edw^ Carleton,
M' Rich : Browne,
M' Brigham,
M' Pendleton,
Steph: Kingsly,
M' Ilolioke,
Cap? Pelham,
M' Sparhauke,
^ be : Brewen,
Edm** Jackson,
Leif: Johnson,
M' Ro : Paine,
W™ Fiske,
M' W°> Bartholomew,
M' Clements.
M' Dumer,
THE MASSACHUSETTS BAY IN NP:W ENGLAND. 187
26 May.
JOHN WINTIIROPE, Es^, was chosen GoW, & tooke his oath. 16 4 7.
Thorn : Dudley, Esq^, was chosen Deputy Gov', & tooke his oath.
John Endecot, Es^, was chosen an Assistant, & tooke his oath.
Rich : Bellingha", Es^, was chosen an Assistant, & tooke his oath.
Harbert Pelham, Es(p, was chosen an Assistant.
• Rich'd Saltonstall, Escf, was chosen an Assistant.
-. John Wintlu-ope, luni, was chosen an Assistant.
Increase Nowell was chosen an Assistant, & tooke his oath.
M' Symon Bradstreete was chosen an Assisttmt, & tooke his oath.
M' Thom : Flint was chosen an Assistant, & tooke his oath.
M' Willi : Ilibbens was chosen an Assistant, & tooke his oath.
M' Samu : Syraonds was chosen an Assistant, & tooke his oath
M'^ Willi : Pinchen was chosen an Assistant.
Cap? Rob^t Bridges was chosen an Assistant, & tooke his oath.
Increase Xowell is chosen Secretarj\
M"^ Rich'^d Russell is chosen Treasurer.
John Endecott, Es^, is chosen Maior Generall.
Thom : Dudley, Es^, is chosen one of the Comissioli's for y" ye'.
John Endecott, Es^, is chosen the oth' Coiiiission' for y* yeare.
M' Symon Bradstreete is chosen to supply, if eith' of the former faile.
In answere to the request of the towne of Cambridge, the Co'te doth
allow & confirme Willi : French Icif! of that comp*,& Edmond Winshope ensigne.
M' W"* Tory is authorished to see people ioyne in marriage in Way-
moth.
Thom: Miller, of Rowly, hath lib'ty to draw wine there, pay« 15" p @.
Hugh Sherrot, of Hav'ell, hath lib'ty to draw wine there, pay* lO* p @.
Antho : Staniard is chosen clarke of the writs at Excett'.
Rowly company hav* chosen Sebastian Brigham their cap?, & John Rem-
ington their leif I, they are confirmed.
It is ordered, that Edifi Gardner, y*^ officer for y^ salt peter at Ipswich,
should be alowed 5* out of v* trcasurv, in fidl satisfaction.
For bett' direction of offices upon attachm** & executions, it is ord'ed,
by authority of this Co'te, y* where any officer is to serve any attachm^ or
execution upon any mans body, in any civill cause between party & ];)arty, he
shall not be forced to kcepe him above 12 houres, nor convey him to prison,
except the pty who psecutes will lay downe y* charges & fees, or take such
order for y* same whereby the officer may be indemnified in either of them ;
& if y* psecuter recover in his, or if it be upon execution, such charges &
fees shalbc alowed in costs, as in other cases.
188 THE RECORDS OF THE COLONY OF
26 May.
16 4 7. Samu : Davies, of Winnetsemet, hath liberty granted him to keepe a
house of coinon intcrtainment, & to draw wine, he paying 30' p @ for his
licence into the treasury.
The powd"^ alowcd to Boston for salutations being spent, so as some have
bene forced to imply of their owne, it is ord*'ed, y' a barrell of powd' be
forthw^ deliv'ed by y^ survey' to James Oliver, for y' purpose, & he to stand
charged w^ y* care of it, so as y® country may be put to no furth' charge for
y* occasions of y* kind for y® next yeare.
It is ord'^ed by y® authority of this ^ y* henceforth all such as are to
keepe houses of comon intertainm', & to retaile wine, beere, (d, w"* clarks of
[*163.] y* writs, & such as are to *end small causes, shalbe licensed at the Co'ts of
the sheire where they live, or y* Co'te of Assistants, so as this Co'te may not
be thereby hindered in their more weight)' affairs.
[For the names of those made free the 26 May, 1647) and entered in the margin of pages 162 and
163) see the list at the end of this volume.]
Upon y* petition of y*' inhabitants of Excett', y* Co'te granted y* Ser-
ieant Thom : Pettet, as their principle officer for the ^sent, hath pow' to
ex'cise y* comp* according to law.
Thom : ililler, of Rowley, is granted liberty to draw wine, pay* 15^
p@.
Upon information y* y* Indians dweling among us, & submitted to o'
gov'm*, being, by y® ministry of y* word, brought to some ci\'ility, are desires
to have a course of ordinaiy iudicature set up among them, it is therefore
ord'ed, by authority of this Co'te, y' some one or more of y® magistrates (as
they shall agree among themselues) shall, once ev'y quart', keepe a Co'te at
such place or places where y® Indians do ordinarily assemble to heare y* word
of God, & may y** heare & determine all causes, both civill & criminall, (not
be* capitall,) concerning y® Indians onely, & y* y® Indian sachims shall have
liberty to take ord% in y® nature of sumons or attachm**, to bring any of their
owne people to y* said Cortes, & to keepe a Co'te of themselues once every
month, (if they see occasion,) to determine small causes of a civill nature, &
such smaller criminall causes as y® said ma*"**' shall at any such Quarter Co'te
referr to them ; & y® said sachims ^hall appoint offices to serve warrants, & to
execute y* ord" & iudgm** of eith' of the said Co'tes, w*^** offic'* shall, from
time to time, be alowed by y® said ma*"***" in y® said Q't*" Co't, or by y* Gov'n',
& y' all fines to be imposed upon any Indian, in any of y said Co'tes, shall
go & be bestowed toward y® build* of some meeting houses, or education of
their porer children in learning, or oth' publike use, by y^ advice of y* said
ma*™***, & M' Eliot, or of such oth' eld' as shall ordinarilv instruct them in
THE MASSACHUSETTS BAY IN NEW ENGLAND. 189
26 May.
IT]^^^^.
y* true religion ; & it is y* desire of this Co'^te y* those ma***^ who shall 16 4 7.
attend y* keeping of y® said Co'tes will carefully endeavo' to make y* Indians
und'stand o' most iisefiill lawcs, & those principles of reason, iustice, & equity
whereupon they are gromidcd.
It is ord*'ed, y* 10* should be given iP Elliot, as a gratuity fro" this
Co'te, in respect of his greate paines & charge in instructing y* Indians in y*
knowledg of God, & y* ord' be taken that y* 20* p @ given by y* Lady
Annin for y* purpose may be called for & implied accordingly ; & its desired
y* some care mav be taken of v* Indians on v*^ Lords davcs. r**^-^*^-..
1^ There being now divers freeni & men of good ability in Hull, who may r^ <^,-,'^^^^y.. '.^<.,./r»«^
comfortably carry on y^ affaires of y** towne, they arc hereby enabled, by y* 'tt-^ C^ ^ ^ *^^
authority of this Co'te, to order y^ prudcntiall affaires of their towne accord-
ing to the course of oth' plantations, pvided y*, according to the form' ord" of
this Co'te, they endeavo' y* advancm* of fishing, & y' such fishermen as are
there alreadv, & other w**** shall come thith'^, mav have all such reasonable
priviledges & incuragm** as y* place will afFoard, & y' such places as are fit for
fish'men may be reserved for y* purpose, & w'*» this caution also : y* W™
Parks, M"^ Glover, & M' Duncan, or any two of them, be appointed to see y*
ord' of Co*'te for x x x x x observed.
*It is ordered, y* j^ fine of Mighill Smith, for his puting in of three r*164.]
beanes at once for one mans election, it being done in simplicity, & he being
pore & of an harmles disposition, it is ord''ed his fine is suspended till furth'
ord' from y* Gen^'dl Co'te.
Upon y* petition of M*" Adam & Deane Winthrope, for y* 1000 acres of Rob» Saitons"
land (granted to S"^ Rich^l Saltonstall at Cochituit, & by him to his sonne, M' ^ 3^, Addam
Rob't, & by them bought of him,) this 1000 acres is granted in a neck of land * ^^®*"® ^*^'
lying between y** pond there & a small brooke ruiiing into y* said pond, &
bound' on y* east, south, & west pts, or some of them, & y® far me lately granted
to M' Dunst', fPsident of y^ colledge, on y* northiy pt ; & if there fall out
to be more then a 1000 acres w*^in y^ said bounds, this Co'te granteth y* resi-
due to M*" Deane Winthrope, as a pt of }-* land due to his honored fath',
pvided, y^ it hind"^ not any form'^ pingagem^, & y^ they demand them w***in 6
months after the 29^** psent, as also y* j-* quantity desired by him exceede not
y* w*^** is due to o' honored Gov'n' ; & Cap? Pelham, w^** M' Pendleton, are
appointed to see it hiyd out at y* own's charge.
Walter Tybbot is alowed to draw wine at Glocest', paying 20" p @ rent,
or fine.
M' Stevens is granted to be y* third man to end small causes there.
190 THE RECORDS OF THE COLONY OF
26 May.
Harmes done
by horses, &0.
1G47. Ralph Blcsdall is alowed to draw wine at Salsbcrry, pay^ y* rent ap-
pointed by y® List ord' of Co'"tc.
Isaack Bozwell is granted to take y® stray heif"^ at Hampton, he be* to
returne it, if y* true own' appeare, else to kccpe it for his owne, he paying y*
charge of y* beast at Hampton.
668— "Whereas this Co'^te hath long since pvided, y^ all men should fence their
come, medow, & such Uke, against great cattle, to y* end y* increase of cattle,
especially of cowes & their ofspring, should not be hind'^cd, there being then
but few horses in y® country, yv^^ since are much increased, many whereof run
in a sort wild, doing much damage in cornc & oth' things, notw^**stand* fences
made up according to y* true intent of y" ord*" in y^ case established, many
whereof are unknowne, most so unruly y^ they can by no meanes be caught,
or got into custody, whereby their own's might answ' damages, & if sometime,
w*** great difficulty & chjirge, they be, they are in dang' of pishing before y*
own' appeares, or can be found out ; all w<^^ to pvent, it is ord'ed this Corte,
& by y authority thereof, y* ev'y towne, & peculiar in this iurisdiction, shall
give some distinct marke, lett' or other, w*^ pitch, or such like, to all their cattle
w*'^ fcede in open comon, w^**out constant keep's, w*'** m'ke shalbe agreed &
ord'ed by y® Gcn'all Co'te from yeare to yearc, whereby it may be knowne to
what towne they belong ; & if any trespas, not so marked, they shall pay double
damages ; nor shall any pson, knowing or aft' due notice given of any beast of
his to be unreasonable in respect of fences, sufP" him or them to go in comon,
or against come feilds, or oth' imppriate inclosed grounds, fenced as afore-
said, w"*out such sufficient shakles & fetf* as may restraine & ^vent trespas
Ex : 22, 5, & 21, therein from time to time ; & if any horse, or horses, or oth' beast trespas in
86. . .
come or oth' inclosure, be*^ fenced in such sort as secures against cowes, oxen,
& such like ord'ly cattle, y® pty or pties trcspased shall pcure two sufficient
[*165.] inhabitants of y* towne, psons of good rep't *& credit, to veiw & adiudge y*
harmes, w*^** y® own' of y® beast shall satisfy when knowne, upon reasonable
demaund, wheth' y* beast were impounded or not ; but if y* own' be knowne,
or neere residing, as in y® same towne, or y® like, he shall forthw^ have notice
of y* trespas or damage charged upon him ; y^ if he appve not thereof, he may
nominate one man, w'** one such other, chosen by y* pty damaged, shall re-
veiw & adiudge y* said harmes, pvided they agree of damage w*^in one day
aft' due notice given, & y' no aft' harmes iht'vene to hind' it, w*^** being forth-
w*** discharged togeth', w*^* y* charge of y* notice, form' veiw & determina-
tion of damages, y* first iudgm* shalbe voyde, or else to stand good in law.
M' Samu : Dudly, M' Batt, & Rob't Pike are appointed for y« end« of
small causes at Salsberrv.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 191
M' Samu : Dudly is appointed to associate in y® Co'^te at Ipswich. 16 4 7.
It is ord'ed, by y® authority of this Co'te, y* in regard y* Co'te of Assist- ^ ~
26BI«y.
ants, w*** fals in course y* next weeke, cannot be held w^^out great int'ruption
of y* more weighty affaires of this Gen'all Co'te, y* same shalbe & is hereby
adiourned to y* 29-** of y* 4'** A next, & y* y* CoHe to be held at Salem is
adiomed to y« 6'** of y* 5'^ ih next, & y* notice be forthw*** given through y«
country of y* adio'nm* of both, by bills to be set upon y* dores of y* meeting
houses in y scv'all townes, & y* deputies are desired also to publish y* same,
as farr as they conveniently may.
To M' Franc Doughty : Yo" may und'stand y* yo' sisf, il" Eiisa : Cole, 4. m% 12.
have* petitioned o' Gen'^all Co^'te, y* Co'^te hath thought mcete to ord' as fol-
io weth, though nothing was shewed,' in y* 6 months limited by y* Co'te of As-
sistants, why y* deede should not be canceled, nor nothing since w*"** may cause
us to question y* form' verdit & iudgm', yet for y* more full satisfaction of
y* petition', & y* y* iust pceedings of y* Co'te in y* tryall aforesaid may y*
bett' appeare, it is now ord'ed, y^ a lett' shalbe written by y* Secretary, & by
a trusty messeng' forthw*^ sent to y* said Franc Doughty, express* therein y*
effect of y* said petition, w*^** is for her evidence to be made good, w*** is can-
celed, y* thereby rcleife & supply of maintenance may redound to yo' peti-
tion" account, accord* to God, & w***all desiring him to come, or to send to y*
Co'te an authentick coppy of y* deede of release, or oth' instrum** or evidences
w** in Co'te he form'ly pduced, & whereupon y® verdit & iudgment aforesaid
pceeded, w^** all convenient speed w***in 6 months, giving him to understand
w^all y*' if he shall faile to satisfy y** iust & reasonable desire of y*" Co'te herein,
y* Co'te is resolved to j>ceed by all Icgall wayes to do what may most tend to
y* clearing of y* iustice of y« Co'te, & full satisfaction to y« petition', accord*
to equity.
M' James Browne, M' John Lowlc, & Henry Shorte are appointed &
authorished to end small causes at Newberry.
Whereas y« ord' of y« 9'*» ift, 1636, N. 317, seemes to limit y« election of 669-
millitary officers in y* sev'all townes to such oncly as are of y* trained band,
& so thereby all such freemen as arc exempt from ordinary training should be
barred fro" haveing any votes in such elections, it is hereby declared & ord'ed,
y* ev'y freeman shall have his vote in such elections, as if he were were of y*
traine band, any thing in y' said ord', or any oth' law or practice, to y* con-
trary in any wise notw^*^standing, x x x freeman slialbe bound
to take notice of y® time of *such election, upon open declaration thereof at [*166.]
any gen'all meeting of such trained band.
W2 THE RECORDS OF THE COLONY OF
1647, The towne of Haverell having chosen Rob't Clements, Henry Palmer, &
^ Thom : Hale to end small causes there, they are alowed.
2SMay.
M'BozoonAi- ^^' Allen, upou large debate of what hath bene suggested touch' y*
Ten dismist y libell, & for his refusing, accord' to his pmise, & y® vote of y* Co'te to pduce
Court.
his witnesses for satisfaction to y^ Co'te, is dismissed fro™ any furth' attend-
ance on y* service of y* Co'te for this session.
670— Upon information y* divers high wayes are much annoyed & incumb'ed
Dm' highway. -^^ gates & raylcs erected upon them, it is ord'cd & enacted, by y* authority
of this Co'te, y*, upon any information or complaint made eith' to y* Co'te of
Assistants, or any County Co'te, of any such gates or rayles erected or to be
erected upon any coiiion high way, y* same Co'te shall appoint a comittee of
discreet & indiff^'ent psons to veiw such incumberance, & to ord' y* reforma-
tion thereof,* & if y^ pties whom it shall concerne shall not submit to such
order, they shall require them to appear at y® next Co'te, where y* cause
shalbe heard & determined for y® ease & conveniency of travelers, w*** due
respect to y® ppriet" cost & damage.
M' Prichard, being chosen capl of y* traine traine band in Roxberry, is
confirmed by ord' of this Co'te.
John Baker is licensed to draw wine at Ipswich, accord* to ord^
M» Alcocks The morgage of three ficels of land by John Alcock to Willi : Parks is
•»«"«^- confirmed.
Comittee to lay The Co'te hath appointed I^ifl Sprage & Franc Smith to lay out y* way
hiffh way ^^™ Winnetscmet to Reading ; to Serieant Marshall & Nicho : Hoult to lay
out y* way fro™ Reading to Andiver ; John Osgood & Thom : Hale fro™
Andiv'^ to Hav'^ell ; James Davies, luni :, & Antho : Staniell fro™ Hav'ell to
Excetter ; & also appoint Leifl Sprage, Serieant Marshall, & Nicho : Hoult as
a comittee to veiwe y* ry ver, & make returne to y* Co'te of y* necessity &
charge of a bridge, & make returne to y* next session of this Co'te.
M' Rob't Saltonstall is granted a new hearing of his cause w*** Water-
towne men, he having given security to answcre y* charge, & y* towne have*
timely notice.
671— Forasmuch as many times it so fals out y* small thefts & oth' offences of
Smale thefts. ^ criminall nature are comitted both by English & Indians in townes remote
from any prison, or other fit place to w*^** such malefacto'^s may be coraited till
the next Co'te, it is therefore hereby ord'ed, y^ any ma*™^, upon complaint
made to him, may hcare, & upon due pufc dcfminc, any such small offences of
y* aforesaid nature, accord* to y* lawes here established, & give warrant to y*
cunstable of y* towne where the offend' lives to le\'}- y* same ; pvided y* dam-
age or fine w*^^ shalbe by him adiudged exccede not forty sliillings ; pvided.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 193
26 May.
rIso, it shalbe lawful! for eith' pty to appeale to y* next Co'te to be held in y* 16 4 7.
iurisdiction, give* sufficient caution to psecute y* same to effect, at jr* said
Co'te ; & ev'y ma*"** shall make their returne yearly to y* Co'te of y* iurisdic-
tion wherein he lives of *what cases he hath so ended, & y* cunstable of such [*167.]
fines as they have received ; & where y* offend' hath nothing to satisfy, such
ma*"** may punish him by stocks or whiping, (as y* cause shall deserve,) not
exceeding tenn stripes.
The petition of M" Clarke, of Salem, is granted, (at ^ent,) & she to Ans'toM**
continue or desist fro™ keeping y* ordinary, as Salem Co'te shall ord' ; pvided,
y* she pay tenn pounds p @ for drawing wine, (if she draw any,) & y* shee
pvide a fit man, y* is godly, to manage y* busines, this man to be alowed by
Sale™ Co'te.
Upon y* petition of y® inhabitants of Dover, it is ord'ed, y* M' Belling- Dou'Couru
ham & M' Bradstreete shall keepe Co'te at Pascata^ for this yeare ; & if eith'
of them shall faile through any unexpected pvidence, y® Gov'n' & Deputy
GovV & one of y*-* ma*"**^ shall appoint some oth' in their place.
This Co'te taking into consid'ation y* great warrs, combustions, & di- 672^
visions w*** are this day in Europe, & y* y* same arc obs'ved to be cheifly P'<^^P'^|^^
raised & fomented by y* secret und'minings & solicitations of those of >•* Death,
jesuiticall order, men brought up & devoted to y religion & co'tc of Rome,
w^ hath occasioned div's states to expell them their territories, {p, for pven-
tion of like evils among o'selues, it is therefore ord''ed & enacted by authority
of this Co'te, y* no Jesuite or spirituall or ecclcsiasticall psoii, (as they arc
tearmed,) ordained by y^ authority of y® pope or sea of Rome, shall hence-
forth at any time repair to or come w*^'in this iurisdiction ; & if any psou
shall give iust cause of suspition y* he is one of such society or ord"*, he slialbe
brought before some of y*^ magistrates ; & if he cannot free himselfe of such
suspition, he shalbe coiaited or bound ov' to y® next Co'te of Assistants, to be
tryed & pceeded w*** by banishm* or oth'wise, as y* Co'te shall see cause ; & if
any such pson, so banished, shalbe taken y*^ second time w***in this iurisdiction,
he shall, upon lawfull tryall & conviction, be put to death ; pvided, this law
shall not extend to any such Jesuite, (V^, as slialbe cast upon o' shoares by
shipwreck or oth' accident, so as he continue no longer then till he may have
oportunity of pasage for his depture, nor to any such as shall come in com-
pany w*** any messeng'^ sent hith' upon publike occasions, or any marchant, or
m' of any ship belonging to any place not in enmity w*** y® state of England
or o'selues, so as they dept againe w*** y* same messeng', m'chant, or m', &
behave themselues inoffensively during their abode here.
VOL, II. 25
T94
THE RECORDS OF THE COLONY OF
1647.
26 May.
Shep^on.
[•168.]
3 men Dorch.
673-
M' Coffins li-
cenS.
Honbridge at
Watetown
milL
Oou* Winthrop
allowanC.
674-
8ix dajes
warning on
aumona.
675-
Court* refer-
ence to y*
aynod.
Upon psentm* of y* will & inventory of Daniell Shepardson, it is ord^'ed
yt yo \qji{[ should go according to the *fathers will to y* sonne, or recorapence
according to value of 21* lOsh" ; & because y* moth' hath bene at great charge
in educating j-* sonne three yeares, & is still to be, she should be alowed y*
tooles, & bellowes, & arraes for y* ; & y* y* daught" shall have of what their
fath' hath given them onely to y® value of nyne pounds each of them for their
part.
M"^ John Glover, Capl Humphry Atherton, & John Wiswell are ap-
pointed to end small causes in Dorchest^
Upon y« marshall his petition, it is ord'ed, y^ he should have 12** in jr*
pound out of all y° fines y* he shall gath' up.
The Co'te doth grant Tristram Coffin to keepe an ordinary at Newberry,
& to retayle wine, paying according to ord'^ ; & also he is granted liberty to
keepe a feriy on Newberr}' side, ov' Merrimack, when the interest of George
Carr shalbe determined, & y* Georg Carr shall have lib'ty to keepe his boate
going on Salsberry side.
Whereas complaint hath bene made to this Co'te of y* greate want of a
horse bridge necr unto Watertownc Mill, & y* y* want thereof hath hazarded
y* lives of severall psons, & may endang' many more, & for y* y* best & most
coinodious place is in y* bounds of Watertowne, it is ordered, by y* authority
of this Co'^te, y* there be a sufficient horse bridge made over y* ryver there by
y* inhabitants of y* towne of Watertowne, before y* first of y* 9*** A next en-
suing, upon paine of forfeiture of 10*, & after y* lOsh* a day to y* country till
it be made up as aforesaid.
The Co'te, in a gratefull remembrance of y* good service o' hono'ed
Goven' hath done for this colony, in y* place, y* yeare past, have thought
meete to render him all harty, due, & thankfuU acknowledgment therefore, &
allow him one hundred pounds, as a small testimony of their loveing accept-
ance of his endeavo".
For explanation of y* order in y* liberties, about 6 dayes warning to be
given to y* defend* in every action, {d, it is hereby declared, y* y* day of y*
sumons or attachm* served & y* day of appance shalbe taken inclusively as pi
of y* sixe dayes.
The Co'te thinke it meete y* whosoever is or shalbe called to the place of
y« maior gcn'all shalbe at liberty to have those of his owne family trained up
in millitary discipline, as himsclfe shall iudge most meete, w'^out being com-
pelled, or called upon by any inferio'^ officer, to send them to attend y® ordinary
trainings.
The Co^'te thinke it convenient y* order be given to y« audito' to send 12
> f \
\
THE MASSACHUSETTS BAY IN NEW ENGLAND.
gallons of sack & 6 gallons of white wine, as a small testimony of y® Co'ts
respect, to y* rev'end assembly of eld" at Cambridge.
It is ordered, y* in all conion feilds of medow & pasture, wherein there c^a^
are sev'all pprieties fenced in by one comon fence, made by y* sev'all pprieto'^s, ordc as to
in all those feilds the pprieto^'s of y greatest pt of "f land in such feilds shall ^®'^"'*8-
hereby have pow' to ord' & appoint y* impvem* of y* whole feild, save of
such pprieto's of land as shalbe sufficiently fenced in by itselfo, \s^^ any such
pprieto' may lawfully doc.
*M' Oliver, havcing had Pessicus his sonnc in cure of a fistula about 20 [*169.1
weekes, w®^ being now accomplished, (through ^^ blessing of y® Lord,) it is
thought fit y' he should be satisfied for y^ cure, & for y^ end y* y* audito'
should agree w'** him, & give him a bill to y^' treasurer for y" same, so as )"*
sume given to iP Oliv'' be charged on Pessicus.
Waymoth haveing a swamp, supposed to be above 100 acres, they are
granted lib'ty to lot it out amongst themsclues, y* it may be for their good.
Upon complaint of great disord"" y* hath bene observed, & is like further 677—
to increase, by )'* use of y® game called shovclboard, in houses of comon inter- Shouell b'd.
tainm*, whereby much ^cious time is spent unfruitfully, & much wast of wine
& beare occasioned thereby, it is therefore ord''ed & enacted, by y* authority
of this Co'te, y' no pson shall henceforth use y*" said game of shovelboard in
any such house of comon inftainm', nor in any oth"" house used as comon for
such purpose, upon paine for ev'y keeper of such house to forfeite for ev'y
offence 20", & for ev'y pson playing at y® said game in any such house to for-
feit for ev'y offence 5", & any ma*™** may heare & determine any offence
against this law.
Forasmuch as many complaints have bene made of a very evill practice 678—
of some disord'ed psons in y* country, who do use to take oth' mens horses ^^o^ses.
sometimes upon y* comons, & sometimes out of their owne grounds & inclo-
sures, & ride them at tfieir pleasure, w'^out any leave or privity of }-* own**,
it is therefore ord'*ed & enacted, by )'*. authority of this Co'^tc, y* whosoev^ shall
take any oth' mans horse, or mare, or any draft beast, cith*" out of his owne
inclosure, or upon any coiiion, or elsewhere, (except such be taken damage
feasant & disposed of accord* to law,) w**^out leave of y^ owner, & shall ride
or use y* same, he shall pay to y^ pty wronged treble damages ; or if y* com-
playnant shall desire it, then to pay onely 10", & such as have not to make
satisfaction to be punished by whipuig, or imprisonm', as shalbe iudged.
In regard of y® weaknes of y^ prison, & y* to have iustice now deluded
by any escape, would reflect much dishono'^ upon y* Co'te, & minist' matt^ of
insulting to y* adverse pty, it is ord'ed, by authority of this Co'^te, y* y« keeper
19C
THE RECORDS OF THE COLONY OP
26Mav.
[•170.]
Smiths.
Newbe'case
detennined.
1647. shall huire 2 able men, such as niay be trusted w^ a matter of so great mo-
ment, & if he cannot huire any such, then upon sight hereof y« cunstables
of Boston, or any of them, shall from time to time impresse 2 such men, who
shall assist y* keeper in guarding y* prisoners day & night, & when they go
to y« publike meetings, & they shiilbe alowed 3sh* p day & night, each of
them, out of y* fines of y® prisoners.
It is furth' ordained, y' if all y* prison's of D' Childs conspiracy shalbe
once discharged out of prison, except one or 2, y* keeper shall keepe such
one or two of them in irons, *exccpt they wilbe at charge of such guarde as
y^ ma'™*** of Boston shall appoint ov' them.
It is ord'ed, y* Edm** Bridges, for his neglect of shooing M' Symonds
horse, (when he was to come to Co'te,) should be required, by warrant fro" this
Co'te, to answere this complaint, & his neglect to furth' publike service at y'
next County Co'te for y' sheire to heare & determine y* case, & y* retume be
made to y^ Gen^'all Co''te of y*^ issue thereof.
1. It is conceived meetc, y* it be declared by y* authority of this Co'^te,
y* y* coinission granted to y^ maior pt of y* towne of Newberry, & y* pceed-
ings thereupon, to be legall & warrantable.
2. That if any error's were in y® said comission, ^5, or any dissent from
y* same by any of y* minor pt, ^5, yet they are all concluded fro™ taking any
exception thereto, in regard of their acceptance of y* recompence ord'ed for
satisfiiction.
3. That y* petition's of y* minor pt have failed in not submiting to their
owne covenant.
4. That a lett' be written from this Co'te to the two eld*", & those breth-
ren of y« maior pt, y* for peace sake they would please by turnes to supply y*
other pt, ^<3.
The Co'te, und'standing y* y* comittee for pfecting y* lawes appointed by
y* last Gen'all Co'te, through streights of time & oth' things intervening, have
not attained what they expected, & on all hands so much desired, touching a
body of lawes, thinke meete & necessary y* o' honored Gov'n', M' Bellingham,
M' Hibbens, y* Audito' Gen'all, Leifi Johnson, & M' Hills be chosen as a
comittee of this Co'te to do y* same, accorduig to y* aforesaid ord', against y*
next sessions in y* 8'** A, or y* next Gen'all Cote.
The comission about y* Mores is continued in y* hands of y* same men
w*** were chosen by y* last Co'te.
M' Hill, M' Ting, & Leifl Norton are chosen a comittee to ioyne w^
y* Secretary, to examine y* entry of y* ord's of this Co'te, & pfect y^
same, ^.
Coj&ittee about
y* lawet.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 197
For y* oth' psons, Stephen Fosditch, Harman Garret, {d, bound over to 16 4 7.
this Co'te, they are referred to y* next Co''te of Assistants. ^""^ ^ ~'
. . . . 26 May.
The Co'te, haveing notice of y* debt due to Hugh Gulliso" for dyet, thinke p » ^ ^^
it meete y* y* custome of wine should be alowed to him on indiflferent prizes
for y* psent Co'te.
r This Co'te, taking into consid'ation y* usefull ptes & abilities of div'^s in- 679—
habitants amongst us, w*^*are not freemen, w^^, if impved to publike use, y^ ^^y
affidres of this comon wealth may be y* easier carried an end, in y* severall
townes of this iurisdiction, doth hereby declare y* henceforth it shall & may
be lawfuU for y* freemen w***in any of y* said townes to make choyce of such
inhabitants, though non freemen, who have taken or shall take y* oath of fidel-
ity to this goverm* to be iury men, & to have their vote in y* choyce* of y*
select men for towne aflFaires, asseasm* of rates, & other prudentials *pp to [*171.]
y* select men of y* severall townes, pvided still y* y* maior pt of all compa-
nies (of select men be freemen) from time to time y' shall make any valide
act, as also where no select men are to have their vote in ord''ing of schooles,
bearding of cattle, laying out of high wayes, & distributing of lands, any law,
usage, or custome to y* contrary notw*^tanding ; pvided, also, y* no non
freeman sliall have his vote untill he have attained y* age of 24 yeares ; pvided,
also, y* none y* are or shalbe detected & convicted in any Co'te of any evill
carriage against the goverm*, or comonwealth, or churches, (it being intended
to be imediately done,) shalbe capable to vote untill y* Co'te where he was con-
f victed or sentenced hath restored him to his former liberty.
This Co'te deepely sencsible of upholding, & all we can to increase all for- 680—
tifications against forraigne enemies, as also of y* greate & unsufFerable press-
ures, & extreame exigents of Captaine Davenport, his garrison, & family, a
thing no lesse greivos to many of y* Co'te then burthensome to him, & there-
fore thinke it very iust & meete, y* y* cap? petition should be granted for y*
three pticulers conteined therein, & therefore do hereby order & enact, by y*
authority of this Co^'te, y* Leifte : Norton, Jjeifl Johnson, & John Johnson, or
any two of them, be appointed, authorished, & hereby enabled to examine y«
whole matter, touching y* defects of y* toi;\Ties, both in respect of arreares in
paym* & compleating of workes by them und^taken, as also to levy all fines
& pocnalties incurred by such neglect, & to imply it toward satisfiiction of ar-
reares, or compleating y* workes & supply of such aiiiunition & things as are
wanting & to them seemes meete & convenient ; also, hereby pow' is given to
y* said Leif? Norton, ^5, to levy all arreares aforesaid, by distres (of such
inhabitants of y* said townes fro"* whom they are due) or othei-wise, & forth-
w"> to pay it to y* said Cap? Davenport ; also, hereby pow' is given to y* said
198 THE RECORDS OF THE COLONY OF
Leifi Norton, ^6, to impres men in y* sev'all townes to supply a garrison there
at y* Castle Hand, according to y* form*' agrecm*, there to serve in their course ^
& ord% unles they, or any of y* said townes, shall compound w'^ y« capl for
it ; lastly, hereby pow"" is given to y® said Leifl Norton, ^(5, to require & re-
ceive of y* Treasurer so much as will fully answere y* capl demaunds in his
petition, whose receit und"" their hands shalbe y^ Treasurers discharge for so
much, pvided, y* all arreares of y* townes & at least so much of y* fines be
r* 172.1 fi^st levyed, as to y® said Leifi Norton, {d, seemes *meete & necessary to com-
pleate the workes according to their agreem*.
The Co'te is adiourned to the last 4'^ day of the 8'** ift, except the Gov''n'
see cause to call one sooner.
The bill of 23*, due to the widow Wilson, was ordered to be alowed her.
[♦173.] ♦^f a Session of the Generall Co% the 27"^ of the 8^ Month, 1647, at
^ ^«*°^'- Boston.
C OMISSION is granted to Capl Hathorne, for solemnizing a marriage be-
tweene Thom : Jeggels, of Salem, & Abigaile Sharpe, of Salem.
Coinission is hereby given to Willi : Denison, to presse any sufficient
workman or workmen to repaire defects of a certeine bridge in Iloxberry
bounds, they paying due wages for the same.
Anthony Sumersby to be clarke of the writs at Newberry, & to record
births, deaths, & marriages, in the place of John Lowle/ deceased.
Jonathan Negus is granted the inheritance of the house & ground of
John Lug to the value of about 20*, that he may dispose of the same towards
the education of his five children.
Rob't Elwell, Willi : Browne, & W°™ Dudbrige are granted a tryall of
their action w*^ M^ Tuttle, by appeale at y^ next Q'f^ Co'^te at Boston, they
giving M' Tuttle notice at least 14 diiyes before the tryall.
The Co^'te granted that a speciall Co'tc be called upon the 18*** of the 9**^
A, for tryall of a cause wherein M' Barklcy is p^t ag' M' W"* Ting, M*" Stod-
dard, t<3.
Leifl Lothrope (haveing urgent occasion at sea) desiring dismission for
this session, w*^, consid'"ing here is anoth' for that towne, is granted.
Henry Chickering, being in this next ship to go for England, is dis-
mised from his furth' attendance on the service of the Co'te.
For the ^sent order for Pumhom, for his wint" pvision of come, ^6, it
is ord'ed, that a messenger be forthw*^ pvided by the audito' gen'all, & sent
to those pts to treate w*** Willi : Arnold, or Benedict Arnold, for pcuring 100
THE MASSACHUSETTS BAY IN NEW ENGLAND. I99
bushels of corne fro^ Pessicus, at indifFerent prizes to be alowed, in the pay- 16 4 7,
.ment of the rest of the wampom due from him. ~ ^ "^
27 October.
Whereas Docto' Rob't Child oweth for a fine due to the country the sume j., cwida sm
of 50* of lawfull mony charged upon him by the Gen'all Co'te in the 9'** A, ^^^'
1646, w*^** is unpaid, & himsclfe"^ gone out of this iurisdiction into Europe, &
whereas he hath a stock going in the iron workes, under the managment of
M' Leader, to the value of 450*, it is therefore ordered by this Co'te, that the
audito' gen'all hath hereby pow' & authority given unto him to make sale of
so much of the said stock of 450* as will psently ycild }-* 50* due to y«
country.
M' Willi : Ting, being chosen capl of the company of Braintree, at their
request is confirmed in that place.
In answere to the petition of John Heyden, for releife in regard of his
owne infirmity, & his child bereaved of his censes, it is replied, if the church
or towne be not able to releive their pore, themselues are to petition for help,
& then it is fit they should be helped out of the publikc treasury ; but other-
wise they must take care of their owne poore, as oth' townes do.
It was ordered, that warrant be sent from this Co'*te, directed to John
Seely & Antipas Maverick, or eith' of them, belonging to y* He of Shoales, to
attach the wife of Willi : Wormewood, and biing her before the Govemo'^ &
oth' of the magistrates at Boston, who may comitt her or bind her to the next
Co'te of Assistants, if they shall see cause.
•The Oath to be administred to the Marshals, by Order of the Gen'^all Co'te. [*174.]
Yo" shall diligently, faithfully, & w*^ what speed yo" may, collect & 681—
gath'^ up all such fines & sumes of mony in such goods as yo" can find of
every pson, for w^** yo" shall have warrant so to do by the Treasurer for the
time being, & w*** like faithfulnes, speed, & diligence levy the goods of every
pson, for w*^ yo" shall have warrant so to do, by any execution granted by
the Secretary or oth' clarke authorished thereunto for the time being, & the
same goods, so collected or levied, shall, w'^ all convenient speede, deliver in
to Treasurer or the psons to whom the same shall belong ; & yo" shall, w^
like care & faithfulnes, serve all attachm** directed to yo", w<^** shall come to
yo' hands, & returne y* same to the Co'*te to w''*' they are rctuniable at the
time of the returne thereof ,• & yo" shall pforme, do, & execute all such law-
full coiiiaunds, directions, & warrants w^**, by lawfull authority here estab-
lished, shalbe coiiiitted to yo'^ care & charge, according to y* duty of yo' office :
all these things yo" bind yo'selfe unto by this yo' oath to pforme during all the
time yo" continue in your office, w**^out favo', feare, or partiality of any pson.
200
THE RECORDS OF THE COLONY OF
16 4 7. If yo" meete w*^ any case of difficulty w^ yo" cannot resolue by yo'selfe, yo*
may suspend till yo" may have advice from authority. So help yo" God.
27 October.
Synod.
College.
Vide p» 178.
[♦175.]
Phineas Fiske is granted to keepe an ordinary in Wenham.
The inhabitants of Makerell Cove are granted their petition to be free
from being called to watch at Salem, w'** this pviso, that the said inhabitants
shalbe lyable to watch there by direction of the cunstable, & the iniunction
of millitary officers in times of danger.
Whereas there is a synode in being, & it is y* purpose, beside y* clearing
of some points in religion questioned, to set forth a forme of church goverm*,
accord* to y* ord' of y* gospell, & to that end there are certeine members
of y« synode that have in charge to prepare y same against the synode ; but
this Co'te conceiving that it is as fully mecte to set fourth a confession of y*
faith we do pfesse touching y* doctrinall pt of religion also, we do desire,
therefore, these rev^'end eld's following to take some paines each of them to
Ppare a breife forme of this nature, & ^sent y* same to y* next session of y«
synode, that, agreeing to one, (out of them all,) it may be printed w*** the oth*"
M*" Norrice, M' Cotton, M*" Madder, M"" Rogers, of Ipswich, M' Sheopard,
M' Norton, & M' Cobbet
M' Brvan Pendleton & Michaell Bairstow are alowed to take so much
out of the house of Thom : Philpot, upon the sale thereof, as to discharge
their engagm^ of about 6* to y* keeper for him.
In Answere to M' Dunsters Petition, —
First, we find due from the country to y* coUedge, out of y* 1 * ■*"
w** was given by sev'all donors in England, 133*, ....
2*y, there is supposed to be due to y* coUedge upon y« coun-
trysgifte,
3^^, we find due to y* coUedge, in relation to y* ^ident hav'
falen short so much of y* w*** he should ha' rec* annually from
the country,
*4}^, we conceive it reasonable y' there should be 50* taken out of y*
190* 16", & p'* to M' Davison, accord* as y* psident doth desire.
5*y, wc conceive it to be most convenient y* what doth now appeare to be
due fro™ y* country to y* coUedge, y* it be forthw*^ p<* to y** coUedge or other-
wise, to alow not excised* 8 p c** to y* coUedge so long as it lyes in y lumdes
of the count r v.
6"', wee iudge it filing y* Capl Keayne & W™ Parks should be a comittee
appointed to examine y* ferry men of Charles Towne wherefore they make
190 16
056 00
27 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 201
such complaintes to y* ^ident as tends to y* lose & damage of y* colledge^ as 16 4 7.
also of any their miscarriages to members of y* Co'te & oth^'s.
Lastly, we conceive it very necessary y* such as studies phisick or chi-
rurgery may have liberty to reade anotomy, & to anotomize once in foure
yeares some malefactor in ca^e there be such as the Courte shall alow of
For the jpticul*" touching yong schollers, we refcrr to y® consid'ation of y*
Co'te to agree an order for it.
Whereas there liath a long time bene a diflFerence between M' Rob't Sal- ii November,
tonstall, as agent for S' Rich"* Saltonstall, & the towne of Watertowne, for &
about certeine acres of medow, by him alleaged to be fifty acres, more or lesse,
neere adioyning to y* towne, w^^ his fath'^ had possession of, for w*'^ a tryall
at y* Gcn'all Co^'te now siting was to be had, & entered upon ; but on a mo-
tion y* abovenamed Ilob*"t Saltonstall, on y* behalfe of himselfe, & for y* use
of his fath', S' Rich'd, & John Sherman, as atturny for y* towne of Water-
towne, did mutually choose M' Edw* Carleton & M' John Johnson as arbi-
trato" to heare & determine all differ rences bctweene them in that respect,
did, & by these presents do, bin i^ them sclues each to oth**, in 500* a peece, to
stand unto, abide by, & pforme y* finali award & determination of )-* above
mentioned arbitrate". Witnes now these psents, that we, Edw : Carlton &
John Johnson, ha^^ng heard & examined all y* evidences brought by eith' of
them, w^^ relation to y* above mentioned medow, do give in this ^sent writing
as o' finali award & determination thereabout, w*^^ we desire may be entered
upon record.
First, we determine & award y^ abovenamed Ju** Sherman, his heires,
execute", {d, in y* behalfe of y® to'vvne of Wat'towne, shall pay, or cause to
be paid, on y* 15*^ of y* 9'^ A next ensuing y* date hereof, being in y* yeare
1648, y' suiiic of 20* in marchantable come, or cattcU, & 20* more in like
marchantable come, or cattell, on the 15"* of y* 9^ A in y® yeare 1649, to y*
said Rob't Saltonstall, his heires, cxecuto''% ^, at y* house of Rob't Long in
Charlestowne.
Secondly, we award & determine y' y® said Rob^^t Saltonstall, his heires,
execute", ^<3, shall not be lyable to defray any charge of y* Co'ts expence of
their time in hear* y* cause.
Thirdly, we determine & award y' y® said Rob'"t' Saltonstall shall accept
of y* said 40* in y* mann^ to be paid as above is mentioned, *a8 full & com- [* 176.1
pleat satisfaction for all -such medowes & upland w*'^ he hath form'ly de-
manded, & now petitioned for, in y* behalfe of his father, S' Rich'd Salton-
stall, & y* y* said Rob't Saltonstall shall deliv' in all his papers & evidences
VOL. II. 26
202 THE RECORDS OF THE COLONY OF
16 4 7. w*^ he pduced into y* Co'*te to be defaced & aiiihilated, that any way con-
"*" ^ cerned the difference between them. And furth', we award, conclude, & de-
ll November.
termine, y* all actions in respect to the diflFerences above mentioned shall cease,
& y* neith*" S' Rich : Saltonstall, nor Rob't his sonne & agent, shall hence-
fourth molest or trouble any of y* inhabitants of Watertowne y* now are, or
hereafter shall be, nor any oth*" in their names, by, fro™, or und' them, any or
eith' of them, in those respects above mencbned. In witnes to all y* above-
menc^ned conclusions & determinations, as o' finall award concerning y* differ-
ences abovesaid, we have this IP** of y* 9*** A, 1647, set to o' handes.
EDWARD CARLETON,
JOHN JOHNSON.
Further, y* said Rob't Saltonstall in open Co''te did acknowledg y* he did
then & there resigne up & relinquish all his right, title, & interest, unto any
land to this Co'te petitioned for, as due to his fath', as he was a patentee or
plants unto y* towne of Watertowne, pmising & engaging himselfe nev' furthf
to^ molest any of y* inhabitants of Watertowne, for y* medowes mencbned in
this petition, nor yet for y* 200 acres of upland w^** John Sherman affirmed
was given to M' Samu : Saltonstall, in way of satisfaction or composition for
land due to his fath' fro™ Watertowne, as a patentee or planter, so as he piu-
dice not his broth' Samuels right as a plant' or townes man there : this acknowl-
edgm* is concluded as part of y* award : Witnes now these j^nts, y* I, Rob't
Saltonstall, of Boston, in Newe England, genf , sonne & agent to S' Rich : Sal-
tonstall, k*, do hereby acknowledge to have rec'* of John Sherman, of Water-
towne, husbandman, by v'tue of an award, bearing date w*** these psents,
security for y* paym^ of 40* to me, or my assignes, for mann' & time as in y«
award may appear & doth require, & is in full satisfeurtion of all or any clayme
or demaunds of or for any right or title y* eith' my fath', S' Rich'd Saltonstall,
or myselfe in his behalfe, have Ji^id, or might have had, to any upland or med-
owes in y® boundes of Watertowne, by any way or meanes whatsoev', eith' as
patentee or planter, except such medowes & upland as are in my broth' Samuels
possession, & therefore do by these j^sents remise^ release, acquit, & discharge
y* said towne of Wat'towne from all or any claymes or demaunds to any land,
either upland or medowe, any way due to S' Rich : Saltonstall, my fath', &
accord* to y* pow' to me given in y* respect, pvided I ^iudice not my broth'
Samuels right to any land as a planter or townesman there. Memorandum :
y* exception doth not intend or conclude y* 200 acres of upland mentioned in
y* award, in any relation or respect whatev', to S' Rich :, my fath', (or myselfe,)
THE MASSACHUSETTS BAY IN NEW ENGLAND. 203
as patentee or planter there. -In witnes whereof, I have hereunto set my hand 16 4 7.
& seale y« 1 1"* 9"' A, 47. * ' f '
EOB''T SALTONSTALL. "No^««-
Fsent, JOSEPH HILL,
EDWD KAWSON,
JOHN JOHNSON.
The Co'te voted, yt y* award passed between M' Eob't Saltonstall & Jn**
Sherman, in behalfe of y* towne of Watertowne, shall be recorded among y*
records of y* Co'te, w*** this release, & both their acknowledgm** of binding
themselues each to oth' in 500* to abide & pforme y® award.
*Upon examination of M" Katherine Clarks petition, & y« matt' thereof, [♦177.1
this Co^te doth conceive y' if it be pved to y« Co'te at Salem y* so much of y« Aii8» to M-
inventory as is alleaged doth remaine in specie of her form' husbands estate,
y* petition' should have to her owne use 150*,' y* 4 yonger children 110*,
▼hereof she to be alowed 40* towards their education, & y* rest to be p<* to y*
said 4 children at y* age of 21 yeares, or day of marriage, y* eld' sonn to
have 28*, y* oth' three 14* a peece, y* eldest sonne by his form' wife to have
20*, y* oth' 10*, & she y* is married 5*, to be paid w*Hn six months next
following.
It being one chelfe piect of y* ould deluder, Satan, to keepe men from ({R9^
the knowledge of y* Scriptures, as in form' times by keeping y™ in an un-
knowne tongue, so in these latt' times by pswading from y* use of tongues,
y* so at least y* true sence & meaning of y* originall might be clouded by
false glosses of saint seeming deceivers, y* learning may not be buried in
y* grave of o' fath" in y^ church & comonwealth, the Lord assisting o'
endeavo's, —
It is therefore ord'ed, y* ev'y to>\Tieship in this iurisdiction, aft' y* Lord
hath increased y™ to y* number of 50 houshold"*, shall then forth w^ appoint
one w*4n their towne to teach all such children as shall resort to him to
write & reade, whose wages shall be paid eith' by y* parents or mast" of such
children, or by y* inhabitants in gen'all, by way of supply, as y* maior ft of
those y* ord' y* prudentials of y* towne shall appoint ; pvided, those y' send
their children be not oppressed by paying much more y" they can have y°*
taught for in oth' townes ; & it is furth' ordered, y* where any towne shall
increase to y* numV of 100 families or househould", they shall set up a gramer
schoole, y* m' thereof being able to instruct youth so farr as they may be fited
for y* university, pvided, y* if any towne neglect y* pformance hereof above
one yeare, y* every such towne shall pay 5* to y* next schoole till they shall
pforme this order.
204 THE RECOKDS OF THE COLONY OF
164 7. Forasmuch as y* marshals & oth*" officers have complained to this Co^'te
~ ^ "^ y* they are oftentimes in gr«at doubt how to demcane thcmselues in y* execu-
,Q^ tion of their offices, it is ord'ed, by authority of this Co'te, y* in case of fines
Manshalla di- ®^ asseasm** to be levyed, & upon executions in civiil actions, y* offic' shall
rections. demaund y® same of y® pty, or at his house, or place of usuall abode ; & upon
refusall or non paym* he shall have pow' (calling y* cunstable, if he see cause
for assistance) to breake open y* dore of any house or place, or of any chest,
or place where he shall have notice y* any goods lyable to such levy or execu-
tion shalbe ; & if he be to take y* pson, he may do y* like, if he shall refuse,
upon demaund, to rend' himsclfe ; & w*ev' charges y* offic' sliall necessarily
be put unto, upon any like occasion, he shall have pow' to levy y* same, as he
doth y* debt, fine, or execution ; & where y* offic' shall levy any such goods
upon execution as cannot be conveyed to y® place w' y« ptye dwels for whom
execution shalbe levyed, w^^out consid'able charge, he shall levy y* said charge
also w*** y* execution ; y^ like ord*" to be observed in levying of fines : pvided,
y* it shall not be lawfuU for such offic' to levy any mans necessary beding,
appai'ell, tooles, or armes, other impleni** of household w*"^ are for y^ neces-
sary upholding of his life ; but in such cases he shall levy his land or pson,
according to lawe ; and in no case shall y* officer be put to seeke out any mans
[* 178.1 estate *further then his place of abode; but if y* pty will not discov' his
goods or lands, y* officer may take his person.
And it is also ord'ed & declared, y* if any offic' shall do iniury to any by
colo* of his office, in these or any oth' cases, he shalbe lyable, upon complaint
of y* party wronged, by action or information, to make full restitution.
684— It is ordered by this Co'te, & y* authority thereof, y* any one magistrate
47: or comission', authorished thereunto by y* Gen'all Co'te, shall take y* testi-
of diiwretira* mony of any pson of 14 yeares of age, or ab^e, of sound reputation, in any
cause, civiil or criminall, & shall keepe y* same in his owne hands till y* Co'te,
or deliv' it to y* record', or publike notary, or clarke of y* writs, to be
recorded, y* so nothing may be altered in it ; pvided, y* where any such wit-
nes shall have his abode w***in 10 miles of y* Co'te, & there living, & not
disabled by sicknes or oth' infirmity, y* said testimony so taken out of Co'te
shall not be received, or made use of in y* Co'te, except y* witnes be also
psent, to be furth' examined about it ; pvided, y* in all capitall cases all wit-
neses shalbe psent. And it is furth' ord'ed, by y* authority aforesaid, y*
any pson sumoned to appeare as a witnes in any civiil Co'te between pty &
pty shall not be compellable to travell to y* Co'te or place where he is to give
his testimony, except he who shall so sumon him shall lay downe or give him
satisikction for his travell, & his expence outward & homeward ; & for such
THE MASSACHUSETTS BAY IN NEW ENGLAND. 205
time as he shall spend in attendance in such case^ when he is at such Co^te or 16 4 7.
place, y* Co'te shall award due rccompence ; & it is ord'ed, y* 2* p day shalbe """ ^ "^
accounted due satisfaction to any witnes for travell & expences ; & when y* Yvitnc«ses of
witnes lives w'^in 3 miles, & ai*e not at charge to passe ov' any oth' ferry y** testimo.
fro" Charlestowne to Boston, then 18*^ shalbe accounted sufficient ; & if any
witnes, aft' such pa)mi* or satisfaction, shall faile to appeare to give his testi-
mony, he shalbe lyable to pay y* pties damages, upon an action of y* case ;
& all witnesses in criminall cases shall have suitable satisfaction, to be paid by
y* Treasurer upon warrant fro°* y® Co'te or iudge before whom j-* cause was
tryed.
For a gen'all law, to be observed in all criminall causes, both where y« 685—
fines are put in certeine, & also where they are oth'wise, it is ord'ed, by y*
authority of this Co'te, y* y* cliarges of witnesses in all such causes shalbe
borne by y* pticul' delinquent, & shalbe aded to y** fines imposed, y* so y*
Treasurer having (upon warrant fro™ y** Co'te or oth' iudge) satisfied such
witnesses, it may be repaid him w'** y* fine, y* so y witnesses may be timely
satisfied, & y* country not damnified.
It is ord'ed, y* y* towne of Linn shall repaire their bridg sufficiently by
y« 20^ of y* 10^** ifi next, und"^ y* poenalty of ten pounds, & for ev'y day aff^
y* 20*** of y* 10^^ A to pay to y* country 10* p day, & y* Co'te aft' to estreate
it to y* audito'.
Upon y* petition of John Dand, it is ord'ed, y* if he shall tend' such ac-
knowledge*, before or at jr* Quart' Co'te, as y* said Co'te, w^ a coinittee of y«
deputies, (vizj,) Capl Keayne, Capl Ting, survey' gen'all, M' Jackson, M'
Browne, M' Glover, & M' Hills, or y« greater pt of y*°, shall appve, & give
sufficient seciuity to y* audito' gen'all for 50*, to be paid into y* Treasurer
w***in 6 months now next coming, he shall y° be discharged. •
The rates of wharfige is comited to M' Browne, M' Glov', & M' Cole- Whwrfage.
burne, to examine & returne what they iudge meete to y* next session of this
Co'te.
Upon y* petition of Nicho : Davison, for y^ 100* due to M'* Glover, it is College,
ord'ed y* 100* should be paid him, & when it 4s paid assurance must be taken
of M' Davison of y* coUedge to y® countryes use, & M' Pet's is to pay 50* to
y* colledge.
♦Whereas at y* Co'te of Assistants, houlden at Boston y« S^ of y« 7"* A, [♦179.1
1640, an action was brought by Willi: Cole, & Elisa:, his wife, ag* FranC
Doughty Doughty, deft, for c'teine goods & chattels, supposed to have bene
lid in trust to y* said pt by y« said def^t. Doughty, & one Bridget Doughty,
according to an indenture of bargaine & sale between y* said pties, bearing
11 NoTember.
206 THE RECORDS OP THE COLONY OF
16 4 7. date ^ , w*'** indenture was brought into y* said Co'te firme & uncanceled, &
being pleaded, & all otli' evidence pduced both by y* pi & their advocate, one
M' Thom : Lechford, an ordinary solicito' in England, & also by y* said dePt,
upon a full hearing y* iury found for y® def^t, & gave him 10* costs ; & whereas
at y* same Co'te y* said Franc Doughty brought an action ag* y* said W"* Cole
& Elisa :, his wife, for uniust molestation, whereupon he desired to have y*
said indenture dd into y* Co^'te & cancelled ; in w^** case y® iury found for
y^ pi Doughty w*^ 4^ 6^ costs, & thereupon ye iudgm* of y* Co'te was accord-
ingly y* y*' said deed indented shoidd be cancelled ; notw^^standing this, for as
much as y*^ said Elisa :, who was cheifly concerned in y* said deed indented,
& had psonally soUicited in y* said cause in pcuring y* said Doughty to be
arested, ^, was not psent in Co'te at y* time of y* triall, as her said husband
was, y* Co^'te thought fit to respit y* canceling of y said indenture till y* Co'te
in ]V^^y then next following, w*** was 8 months time, to y* intent y* shee might
in y* time shew cause to y® Co'te, if she had any, why y« said deed indented
should not be canceled, according to y* iudgm* of y* Co'te ; & whereas y* said
W°* & Elisa :, by themselues or any atturny or agent for y™, not appearing
at y* Co''te next following y^ said day of limitation, being in y* 3* A, called
May, aforesaid, nor at any time before, to shew cause, as aforesaid, y* said deed
indented, upon their said default, was canceled, according to y* iudgm* of y*
Co''te aforesaid ; in all w''^ j)ceedings it doth not appeare y* y* Gov'n'' & As-
sistants, y° iudges in y® said Co''te of Assistants, have done any iniustice to y^
petition', y* said Elisa : Cole haveing psued y* ordinary co'se of iustice, ao
cording to y* lawes of England, & y® law & custome of this iurisdiction ;
nev'thelesse, forasmuch as y® said petition'' complaines to this Co'te of greate
damage she is like to sustaine for want of y* said deed indented, alleadging y*
shee is able to pve y* y aforesaid Bridget Doughty, one of y* pties to y* said
indenture, had in her possession, & yet detaines from y* petition'', div" of those
goods intended to be bargained & sould in trust as aforesaid, ^(9, & forasmuch
as it doth not appeare to this Co^^te y* y® said petition' had any timely notice
of y* said ord' of y* Co'te for her appearing, ^^, before y* time limited as
aforesaid, to shew cause why y* said deed should not be cancelled, she then
living above 100 miles of & out of this iurisdiction, w*** shee also upon her
oath denied y* she had any notice thereof, y* Co'te, being very tend' of y* pe-
tition's condition, being a widow, & of no greate estate y* appeares, & espe-
cially out of their due care to ease all iust greivances, if any such should be
in this case, w*** yet if it were is not to be imputed to y* Co'te of Assistants,
but eith' to her, y* petition', or her husbands negligence, or to an ov'ruling
Evidence hind'ing hei* coming to y^ said Co'te, where she should have shewed
THE 31AS3ACHUSETT3 BAY IN NEW ENGLAND. 207
such reasons as might have ^vented y* canceling of y* said deed, & for y* y* 16 4 7.
said Franc Doughty is now out of y* country, & cannot be called thereto, ^
, . .11 November.
have thought good & do hereby ord' & decree y* y* deed indented aforesaid
shalbe, & be reputed hencefourth to be, firme & as uncancelled to all intents &
purposes, & of as full force & efficacy, as if it had not bene cancelled, so farr
as y* pow' & credit of this Co'te may ^aile, notw**>standing y* said iudgm*
of y* said Co^'te of Assistants, or any record thereof, & y* a vacat shalbe en-
tered upon so much of }** said record onely as concernes y* canceling of }•*
said deed indented, & y* y* order shalbe exemplified und' the seale of this
colony, if y* petition' shall so desire.
Upon M" Tyly her petition, the Co^'te doth thinke fit y* y* fine of 4',
mentioned in her petition, stand charged upon her husband, & be forthw**>
levied accord* to lawe.
Also, y* all oth' fines of like nature be accordingly levied.
•Whereas God hath comitted y* care & power into y* hands of parents, [*180.]
for y« dispos« of their children in marriage, so y* its ag*' y« rule to seeke to 686-
draw away y* affection of yong maydens, und' ptence of purpose of marriage,
before their parents have given way & alowance in y* respect, & whereas it is
a coraon practice in div" places for yong men irregularly & disorderly to
watch all advantages, for their evill piu^oses, to insinuate into y* affections of
yong maydes by coming to y", in places & seasons unknown to their parents,
for such ends, w'by much evill hath growen amongst us, to y« dishono' of
God & damage of y* pties ; for ^vention wherof, for time to come, it is
ord'ed, by authority of this Cote, y* w* pson soev'', fro™ henceforth, shall
endevo', directly or indirectly, to draw away y* affections of any mayde in y*
iurisdiction, und' ptence of marriage, before he hath attained lib'ty & alow-
ance fro" 'her parents or gov'^n", or, in absence of such, of y* Co'tc of y*
sheire w'in y* mayde doth inhabite, or of & und' y« hand of one ma*™**, he
shall forfeit for y* first offence, 5*; for y* 2** offence toward y* same pty, 10*,
& to be bound to forbeare any furth' -attempt or pceed* in y* unlawfuU designe
w***out or ag** y* alowance aforesaid ; & for y* 3** offence, (upon information to
any ma*"*® by such parent or gov'n', being bound to psecute y* pty,) he shalbe
comitted to prison, & upon hearing by y* next Co'te, shalbe adiudged to con-
tinue in prison untill y* Co'te of Assistants shall see cause to release him.
The Co'te thinke fit to graunt M' Knight a reveiw at y* next session of
y* Co'te in y* first A, pvided he put in caution to answ' y* charges of y* Cote,
as in oth' cases, & give notice to M' Rob't Saltonstall, M' Sellick, & M' Cuts,
one month before y* said session of this Cote.
In answer to y* petition of Haverill, y« Cote, conceiving such vast HaueriU.
11 November.
208 THE RECORDS OF THE COLONY OP
16 4 7. grants to be greatly ^uditiall to y* publike good, & little, if at all, advanta-
gious to pticuler towneships, apphenjd« 4 mile squaie, or such a pportion, will
accommodate a sufficient tract of land in such a case, thinke meete a comittee
be chosen to vciw y* place, & retume their ap^hentions to y* next Gen^'all
Co'te, to w^** end, w"* y« petition''s consent, they have nominated M' Dum',
M' Carlton, John Osgood, & Ensigne Howlet, or any two of y°*, pvided En-
signe Howlet be one, to do it.
587— To y* end all records, wills, births, letters, & oth' instrum^ w*^** are of
special & publike conccrnm*, may be safely ^served & impved for y* good of
psent & succeeding ages, it is ord'cd by y Co'te, & y* authority thereof, y*
forthw*** y' be, by direction of y** audit o' gen''all, a strong presse made of very
firme oake planks, w*^ rabit ioyntes one into anoth^, about 6 foote high, 6
foote long, 3 foote broad, fro™ out to out, well bound, w*** 3 strong locks, of
sev'all workes, y« keyes w'of to remaine in y^ hand of y* Gov'n' (one), y* Sec-
retary (one), y* Record' (one), w^*» shalbe chosen fro™ yeare to yeare ; in w^**
presse y*" shalbe div" coberds, for sev'all uses, w*^^ supscriptions, for y* more
ready recourse to any thing conteined y'in ; w*^^ presse shalbe kept in some
place convenient, at Boston, by direction of y* Gov'n' for y* time being, fro™
time to time, till y* Gen''all Co'te take furth' ord' : and furth', it is ord'ed, by
y* authority aforesaid, y* w'soev' any Co''te of record is or shalbe houlden or
kept, y* y' shall some such like pvision be forthw*** made by direction of y*
iudge or psident, or eld' iudge of y* said Co'te, w*** two locks, one key
whereof to remaine in y** hands of y* said, or eld' iudge of y* said Co'te, y*
oth' in y* hand of y* Secretary or Record' there.
ggg_ ' '^ There being w*4n this iurisdiction many memb" of churches, who, to
exempt y™selues fro™ all publike ser^dce in y® comon wealth, will not come in
to be made freemen, it is therefore ordered by this Co'te, & y® authority
thereof, y* all such memb'* of churches in y* sev'all townes w*in this iurisdic-
[*181.] tion shall not be exempted from such publike service as they *are chosen to
by y** freemen of y* sev'all townes, as cunstables, iurers, selectmen, & surrey's
of high wayes ; & if any pson shall refuse to serve such office, he shall pay
for ev'y such refusall, being legally chosen thereunto, such fine as y* towne
shall impose, not exceed"! 20% as freemen are liable unto in such cases.
689- It is ord'ed by y* Co'te, & y* authority thereof, y* in all townes w'^in y*
3 men to keepe jurisdiction w' y' is no ma*'*'*', y* 3 men appointed to end small causes und'
40* shall, from time to time, keepe a true record of all such causes as shall
come before y™ to be determined ; & ev'y plantiffe shall pay 18^ for ev'y c* so
tryed, toward y charge thereof; & y times of y* meeting to be published, y*
all men may take notice thereof y* are concern* y'in ; pvided, also, y* in all
THE MASSACHUSLTrS BAY IN NEW ENGLAND. 209
townes w' y' is a ma*"**, he shall keepe y* like record, & take y* like fee of 16 47.
IS** ; also, it is ord'"ecl, by authority aforesaid, y* where pties dwell in sev'all ^
. , . 11 November.
townes, it shalbe in y® lib''ty of y* plantiffe in w*'^ towne to try his action ; &
any Co^'te may reiect any such cause if it hath not bene first brought to y* said
three men, or one ma*"^*®, according to lawe.
Whereas a lawe hath passed y* Co^'te for reducing y* numb' of deputies Deputies rep.
to one of each towne, it is now thought convenient, for some reasons app-
hendcd by both houses, y* y® said lawe shalbe suspended, & not be of force
before y* end of y® first session of y® next Co''te of Election, so as if it shall
not y*^ seeme good to y* Co'te to repeale y® same lawe, it shall y" be, & remain,
in full force, &, be published accordingly.
Where 3 men are chosen to end small causes, y« cunstable, w^4n one 690-
weeke aft' such choyce, shall retume their names to y* next ma*****, who shall "***" ^
Bumon y" forthw'** to appeare before him, who shall administ' y* oath to y™ :
Yo", A B, being chosen & appointed to end small causes und' 40*, according
to y* lawes of y* iurisdiction, for this yeare ensuing, sweare by y* living God,
y*, w'**out favo' or affection, according to yo' best light, yo** shall true iudgm*
give & make in all y* causes y* come before yo^i
Associats are also to sweare, when & where y' are any.
The lawes being to be put in print, it is meete y* they should be con-
veniently penned ; y'fore it is desired y* y« comittee for drawing up y* lawes
wilbe carefuU y'in, Sc to y' purpose they have lib'ty to make some change of
forme, to put in apt words, as occasion shall require, pvided y* sence & mean-
ing in any law, or pt thereof, be not changed.
The Co'te having nominated Ensigne Palm', of Charlestowne, Leif?
Mason, of Wat'towne, & Thom : Danforth, of Cambridge, to be authorished
by comission to set out y* land of M' Edw^ Parks in Cambridge, w*** hee had
of Capl Cooke, Si make returne thereof to y* next Co'te, the commission to
be to any two of y™, so as Thom : Danfort be one.
The Oath of v« Publike NotaiT.
Yo" sweare, ^c% y* in y® office of a publike notary, to w*'** yo** have bene Notaries oath,
chosen, yo" shall demcane yo'selfe diligently & faithfully, according to y* duty
of yo' office ; & in all instrum*% writings, & acts y* yo" are to give testimony
unto, w° yo" shalbe required, yo" shall pforme y* same truely & sincerly,
accord* to y® nature y'of, w^^out dely or- covin, & yo" shall ent' & keepe a
true regist' of all such things as belong to yo' office. So help yo^ God.
Foi-asmuch as there aie div's inhabiUmts in div's townes, who, leaving 691-
VOL. II. 27
210
THE RECORDS OP THE COLONY OF
11 November
[•182.]
692-
Bounds of
tounes.
16 4 7. their sev'all habitations, & y^'by drawing much of y® incombe of their estates
to oth' townes, & y"^by y* mlnistiy is much neglected, it is therefore ord'^ed by
this Co^te, & y* authority thereof, y^ fro™ henceforth *all lands, cattell, &
oth' estates, of any kind w^soev*", shalbe liable to be rated to all comon charges
w^soev', eitli' for y® church, towne, or comon weale, in y« same place where
y® said estate is.
Forasmuch as y* bounds of townes & of y*^ lands of pticul' psons are
carefully to be maintained, & not w^^^out greate dang*" be removed by any, w*^^,
notw*^*standing, by deficiency & decay of markes, may, at unawarrs, be done,
w'^by greate iealousies of psons, troubles in townes, & incumbrances in Co'ts,
doth oft arise, w^**, by due care & mcanes, might be ^vented, it is ord'"ed by
this Co^'te, & y^ authority y"^of, y* ev^'y towne shall set out their bounds, w^in
a twelue month aft' their bounds are granted, & y* w** their bounds are once
set out, once in three yeares, 3 or more psons of a towne, appointed by y« select
men, shall appoint,- w'** y® adiacent townes, to go y* bounds bet^vixt their said
townes, & renew their markes, w^^ marks shalbe a greate heape of stones, or a
trench, of six foote long & two foote broade, y® most ancient towne to give
notice of y* time & place of meeting for pambulation, w^^ time shalbe in y*
first or second month, upon paine of 5* for ev*'y towne y* shall neglect y® same ;
j)vided y* y* men appointed for pambulation shall go in their sev^'all quarters,
by order of y* select men & at y® charge of y® sev^all townes, & if any pticul*"
j)portion of lands, lying in coinon w"* oth", shall refuse to go y* bounds be-
twixt his land & oth' mens, once a yeare, in y® first or second A, being re-
quested y'unto upon 2 or 3 dayes warning, he shall forfeit, for ev'y dayes so
neglecting, 10% halfe to y« pty moving y'to, y* oth' halfe to y* towne.
Forasmuch as y* choyce of Assistants, in case of supply, is of greate con-
c'nm*, & w'** all care & circumspection to be attended, it is therefore ord'ed by
y* Co'te, & y® authority y''of, y' w° any Assistants are to be supplied, y*
deputies shall give notice to their cunstable or select men to call togeth' their
freemen in their sev'all townes, to give in their votes, to y® numb' of 7 psons,
or as y* Gen'all Co'te shall direct, who shall y" & y' appoint one to carry y™,
sealed up, to their sheire townes, upon y® last 4'^ day of y* first A, fro™ time
to time, w^^ psons, for each towne so assembled, shall appoint one for each
sheire, to carry y™ to Boston, y* 2^ 3*^ day of y 2^ month, y' to be opened
before 2 ma*™^, & those 7, or oth' numb" agreed upon as aforesaid, y* have
most votes, shalbe y* men w*^*> shalbe nominated for Assistants at y Co'te of
Election ; & as any hath more votes y** oth', so they shalbe put to vote, & y^
agents for each sheire shall forthw*** certify all their sev'all townes, w* y* psons
are y* are to come to vote ; & y* law 589 henceforth is repealed.
T -
11 November.
693-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 211
To y* end measures & weights may be one & y^ same throughout y* iuris- 16 4 7.
diction, it is ord'ed, by y* authority of y* Co^te, y* w^'^in one month aft' y® pub-
lication hereof, y® audito*" gon'"all shall pvide, upon y® country es charge, such
weights & measures, of all sorts, as are hereaft' ex^ssed, (for a continuall stan-
derd, to be sealed w^ y« count ryes scale,) vizj, one bushell, halfc bushell, one
peck & halfe peck, one ale quart, one wine pint, one halfe pint, one elle &
yard, as also a set of weights of brasse, to 4", w*"^ shalbe aft' 16 ounces
y pound, w^^ meete scales, Steele beame to weigh w^^all : & it is furth'
ord'ed, by y® authority aforesaid, y* y** cunstable of ev'y towne w^'^in y* iuris-
diction shall, w'^in 3 months aft' y* publication hereof, pvide, upon y^ townes
charge, at y* least of leade, or such like, all such weights & measures as ai*e
above ex^ssed, trv'ed, & measured, by y® countryes standert, & sealed by y*
audito' geri'all, (to be kept & used onely for standcrds for their sev'all townes,)
who is hereby authorished to do y" same, who shall receive, fro"* y* cunstable
of each towne, 2^ for ev'y weight & measure so pved & sealed, & y® said cun-
stable of ev'y towne shall comit these weightes & measures to y* custody of y*
select men of their towne for y time being, who are hereby cniojTied, w*^ y®
cunstable, to choose, out of their numb', one able man to be y° scale' for towne
fro" time to time, & till anoth' be chosen, whom they shall psent at next
Coimty Co'te, y' to be swome to y^ discharge of his duty, who shall *have [*183.]
pow' to send forth his warrant, by y*^ cunstable, to y^ inhabitants of the towne,
to bring in all such measures & weights, (as they make use of,) in y* 2*^ ift,
from yeare to yeare, at such time & place as he shall appoint, & make returne
to y® sealer in writing of j** psons so suilioned, y* y" & y' all such weights &
measures may be pved & sealed w*** y® townes scale, as in y® ord' for towne
matt's, pvided by y* cunstable, at each to^vnes charge, who shall have, for
evy weight & measure so sealed, 1*^ from y® own' y'of at y^ first sealing ; & all
such measures as cannot be brought to y^ iust stand't, he shall deface, & aft'
y* first sealing to have noth^, so long as they continue iust ; & y* none may neg-
lect their duty herein, it is y'fore ord'ed, by y* authority aforesaid, y* if any
cunstable, select men, or sealer shall neglect to execute y^ ord', they shall for-
feit, to y* coinon treasury, 40* for ev'y months neglect ; & also ev'y pson
neglecting to bring in y' weights, at y* time & place appointed, they shall
pay 3* 4^, one halfe to y® seal', who shall have pow' to levy y^ whole by dis-
tres, & pay )'• oth' jSt into y* couion tresury.
Whereas div's married psons, both men & weomen, living w***in y* iuris- 694—
diction, whose wifes & husbands are in England or elsw', by meanes w'of they
live und' great temptations, & some of y°* comit lewdnes & filthines here
212
THE RECORDS O:^ THE COLONY OF
11 NoTember.
16 4 7. amongst us, & oth" make love to weomen, & attempt marriage, & have at-
tained it, some of y™ live unci'' suspition of uncleannes, & all of y°* great dis-
hono' to God, reproach to religion, coiuon wealth, & churches, it is y'fore
ord'ed, by y" Co'te, & y* authority y'^of, (for p\'cntion of all such future evills,)
y* all such married psons as aforesaid shall repair to their relations, by y* first
oportunity of shiping, upon )-• paine or poenalty of 20*, except they can shew
iust cause to y® contrary to y* next County Co'"te, or Co'te of Assistants, to be
holden at Boston, aft' they are sumoned by y® cunstable y*" to appcare, who
are hereby required so to do, upon paine of 20* for his neglect ; pvided, y* y"
ord' do not extend to such as ai*e come ov' to make way for their families, &
are here in a transient way onely, for trafique or marchandize, for some small
time.
Whereas no pvision hath hith'to bene made ag** burglary, & oth' violent
assaults ag*^ mens psons & goods, y* want w'of may expose many, especially
travell'" & inland inhabitants, both by day & night, to y* rage & cruelty of
men of Beliall, whcth' Indians or oth**, it is y'fore ord'ed by y* Co'te, & y^
authority y'of, y' if any pson, in y* iust & necessary defence of his life or
goods, or y* life of any other, shall kill any pson attempting to rob or murth'f
in y* feild or high way, or to breake into any dwell* house, if he conceive he
cannot, w*** safety to his owne pson, oth'wise take y® felon or assaylant, or
bring him to triall, he shalbe holden blameles. Exod. 22 : 2.
It is agreed by y* Co'^te, to y* end we may have y* bett' light for making
& j)ceeding about laws, y* y*" shalbe these books following j)cured for y* use
of y* Co'te fro" time to time : —
Two of S' Edw* Cooke upon Littleton ; trv'o of y* Books of Entryes ;
two of S' Edw** Cooke upon Magna Charta ; two of y* Newe Tearmes of y*
Lawe ; two Daltons lustice of Peace ; two of S*^ Edw^ Cooks Reports.
Whereas y" Co'te hath form'ly granted a plantation at Nashaway unto
Jno Chanl', Isa : Walk% Jn'* Davies, Jn^ Hill, & Math : Barnes, & y* Jn« Hill
is dead, Jn** Chanl*", Isaac Walk', & Jn** Davies have signifed unto y® Co'te y*
since y* said graunt they have acted nothing as und'tak" y', nor layd out any
lands, & furth', have made request to y* Co'te to take in y* said graunt, mani-
festing their utt' unwil^nes to be engaged y'in, y* Co'te doth not thinke fit to
destroy y* said plantation, but rath' to incurage it ; onely, in regard y* psons
now upon it are so few & unmecte for such a worke, care to be taken to pcure
oth", & in y® meane time to remaine in y* Co'ts pow' to dispose of y* planting
& ord'ing of it.
For a more equall & ready way of raising monyes for defray* publike
charges in time to come, & for pventing such inconveniences as have fallen
Law bookes.
696-
Nashaway.
696-
11 NoTember.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 213
out upon form' asseasm**, it is ord'ed & enacted, by y* authority of y* Co'te, 16 4 7.
yt ye Treasurer for y* time being shall, fro™ yeare to yeare, in y* 5'** A,
(w***out expecting any oth' ord',) send forth his warrant to y* cunstable &
select men of ev'^y towne w'^in y" iurisdiction, requiring y* cunstable to call
togeth' y* inhabitants of y* towne, who, being so assembled, *shall choose [*184.]
some one of their freemen to be a comission' for their to\nie, who, togeth'
^.th y« select men for y prudentiall affaires, shall, some time or times in y* 6'**
A next ensuing, make a list of all y* males in y* same towne, fro" 16 year old
& upwards, & a true estimate of all psonall & reall estate in y® same to'WTic,
according to iust valuation, & to w* psons y* same do belong, (wheth' in their •
owne towne, or oth'where,) so neerc as they can by all lawfuU wayes &
meanes w*"^ they may use, vizj : of houses, lands, except such as doth or shall
lye comon, for y* feede of cattell, to y® use of y® inhabitants in gen'all, wheth'
belonging to townes or pticul' psons, but not to be kept or bearded upon it, .
to y* damage of y* pprietors, mils, ships, & all smaller vessels, marchantable
goods, cranes, wharfes, & all sortes of c.ittell, & all oth"^ visible estate, eith*^ at
sea or on shore, all w^^ psons & estates arc by y* said commission"^ & select-
men to be.asseased & rated as here foUoweth, vizj : ev'y pson aforesaid, except
ma^***, 2. 6^ by y** head, & all estates, both reall & psonall, at 1^ for ev'y 20%
accord* to y* rates of cattell hereaffmentioned ; & for a more c'tcine rule in
rating of cattell, ev'y cowe of four year ould & upward shalbe rated at 5* ;
ev'y heif^ & steer between 3 & 4 year ould, 4* ; & between 2 & 3 year ould,
50*; &. between one & 2 year ould, 30**; ev'y oxe of 4 year ould & upward,
6* ; ev'y horse & mare 4 year ould & upward, 7* ; of 3 ye' ould, 5* ; between
2 & 3 y' ould, 3* ; of one y' old, 40' ; ev'y sheope above one y' ould, 30* ;
ev'y goate above one year ould, 8* ; ev'y swine above one year old, 20* ; ev'y
asse above a year ould, 40* ; & all cattell of all sortes und' a year ould are
hereby exempted ; & for all such psons as, by advantage of their artes &
trades, ^5, are more inabled to help beare y® publike charge, y* comon laborers
& workmen, as butch", bakers, brew", smiths, carpent", taylo", shewmak",
ioyn", barb", millers, masons, w'^ all oth' manuall psons, & artists, ^6, such
are to be rated for their retumes & gaines, pportionable to oth' men for
estates ; pvided, y* in y* rate by y* pole, such psons as are disabled by sick-
nes, lamenes, or oth' infirmity, shalbe exempted ; & for such servants & chil-
d'n as take no wages, their parents & mast" are to pay for y°* ; but such as
take wages ai'e to pay for y"selues.
And it is furth' ord'cd, y' j^ comission's of y* sev'all townes in ev'y sheir
shall yearly, upon y* 4'** day of y* T*^ A, assemble at y* sheir towne, & biing
^th ym^ fairely written, y® numV of males listed as aforesaid, & y^ asseasm^ of
11 November.
214 THE llECORDS OF THE COLONY OF
164 7. estates made in y*' sev'all townes, according to j^ rules & directions in y*
psentord"^ expressed ; & y® said comission", being so assembled, shall duely
& carefully examine all y* said lists & asseasm'* of y® sev'all townes in y* sheir,
& shall correct & pfect j'* same, accord^ to y® true intent of y* ord*^, as they, or
}*** maior pt of y"*, shall determine ; & y* same, so pfccted, they shall spedily
transmit to }-* Treasurer, und' y*"^ hands, or y* hands of y* maior pt of y" ; &
y'upon y* Treasurer shall give warrant to y® cunstablcs to collect & levy y*
same, so as y® whole asseasm* (both for psons & estates) may be paid into y*
Treasurer before y*^ 20^^ day of y® 9^^* A, ycarely ; & ev'y one shall pay their
rate to y^ cunstable in y* same towne w^ it shalbe asseased ; (nor shall any
land or estate be rated in any oth' towne y" w' y^ same shall lye, if it be w***in
y* iurisdiction ;) & if y* Treasurer cannot dispose of it y**, y* cunstable is to
send it to such place in Boston as y^ Treasurer shall appoint, at y® charge of
y* country, to be alowed y** cunstable upon his account w^^ y« Treasurer ; and
for all peculi", ^-izj, such places as arc not yet layd w'^in y* bounds of any
towne, J'* same lands, w*^ y* psons & estates y^'upon, shalbe asseased by y*
rafs of y* t^ne next unto it, y measure & estimation to be by y® distance
of y® meeting houses. If any of y* said coiiiission" or of y* select men shall
w^itingly faile or neglect to pforme y« trust comited to y™ by y* ord', in not
mak«, correct^, pfect*, or transmiting any of y^ said lists or asseasm*", accord-
[* 185.1 i^g to y* iiitent of y" ord*", ev'^y such offender *shalbe fined 40* for ev'y such
offence, or so much as y* country shalbe damnified y''by, so as it exceed not
40* ; pvided, y* such offence be complained [of] & psecurted, in due course of
law, w***in 6 months. And it is furth' ord'ed, y* upon all distresses to be
taken for any of y* rates or asseasm^ aforesaid, y* ofiic'' shall distraine goods
or cattell, if they may be had, & if no goods, y° lands or houses ; if neith'
goods nor lands can be had w^^in y* towne w' such distres is to be taken, y%
upon such rcturnc to y® Treasurer, he shall give warrant to attach y* body of
such pson, to be carried to prison, y*^ to be kept till y* next Co'te of y* sheire,
except paym* be made in y mcane time.
And it is fuith'^ ord'cd, y* y prizes of all sortes of come to be rec* upon
any rate by vertue of y* ord', shalbe such as y* Co'*te shall set fro™ year to
year, & in default hereof they shalbe accepted at y* price currant to be iudged
by y* comission" of Suffolk & Middlesex. The asseasm' w^** should have
bene made upon estates y* 6^ A last, having bene omitted, shalbe forthw***
called for by the Treasurer to be asseased, & gath'ed, according to y* ^sent
ord**, (save onely for y® time,) w*** all possible expedition for discharging j*
pss' ingagm*' of y* country. The form' ord*^ for asseasm** made y* (9) 46 is
THE MASSACHUSETTS BAY IN NEW ENGLAND. 215
hereby repealed, saving y' clause for exemption of ma****** for 500, ^6, W** is 16 4 7.
ord'ed to continue for 3 years next following aft' y* next Co'te of Elections. ^ ~
11 November.
The prizes of corne, for y rate to be now gath'ed, are ord'ed by y* Co'te
to be, whcate, 4]* ; barly, 4" ; rye & pease, 3 j* ; Indian, 3^ p bushell.
It is ord^'cd, y' in ev'y action w' y* debt or damage recov^ed shidl amount 697—
to 10*, y' to pay 5" more y" y* 10" paid at y* entry, & w' it shall amount to 20* io"^° ^^^^
or upward, to pay 10' more, y® said additions to be put to y® iudgm*, or exe-
cution, & y« marshall to account for y°* to y® Treasurer. .
A\Tiereas y' is pvision made y* none but psons licensed shall chaw or sell 698—
wine lesse y" a q't' caske, ^<3, & y* y* audito' oftentimes takes wine for impost,
& y* oth'wise wines may fall & come into his hands, it is ord^ed by y* Co'te,
& authority y'of, for betf incouragm* of y® said audito', y' hencforth it shalbe
lawfull for him to draw & sell wines to deacons & oth" by y* runlet, or gallon,
or oth'wise, for filing cases & bottles, (& no oth'wise,) any law, custome, or
usage to y* contrary notw^^standing, for w*^^ he shall pay 50* p butt.
It is ord'ed, y* y* ^dntn's, ^5, shall pay for ev'y butt or pipe of sack SOsh", 699—
& y* retail' to give notice to y* audito' or his deputy of ev'y vcssell he buies
w***in 3 dayes, upon paine of forfeiting y* same.
It is conceived meete, y^ y' towne of Newberry should p^scnt anoth' cheife
millitary ofEc' in y* roome of Leifl Greenlcafe, w™ they discliarge accord*^ to
his request.
W™ Blanton is granted to keepe a cooks shop toward Roxb'y, & to sell Biantona ij-
cenc
beare, w*^^ is left to y« Q't' Co'te.
The case of y« will of George Abbot, late of Rowly, refered to y' Co'te,
^5, is refered to y* next Co't at Salem, who have full pow' fro™ y* Co'te to
heare & determine y* same, w*** all questions incident y'to, both about y* chil-
drens portions & y® time of paying y™, & all oth' things occuring ; & y« ord'
of y* Co'te to conclude all parties, except y* Co'te shall see cause hereaft' to
alter y* same.
The Co'te doth conceive y* it was y** intent of y® ord' in y® 3"* A last, y* 700-
y* marshall should have 12** in y* poimd alowed him out of all fines gath'ed
or to be gath'ed up, paid or to be paid into y« treasury since y* ord' ; & they
conceive he should take his oath before he hath any benefit hereof. 7*^ 9*^ A
ne tooke his oath.
Thom : Marvill his case consid'ed about seling a gunn ignorantly to y*
Indians ; & being credibly informed y* himselfe discov'ed his offence to a ma*'*'*',
& bought anoth' peece fro™ y* same Indians, ^6, his fine is remitted.
In answ' to y® petition of y* search" of leath', conc'ning y« explication
of y* sev'all branches in y* ord' concerning y* search*^ of leath', y* Co'te doth
11 NoTember.
216 THE RECORDS OF THE COLONY OF
16 4 7. conceive as folio weth : y* w^'as in y® 4*^ branch of y^ said ord' it seemes not
to hold forth y* y* leath"^ should be forfeited, except y* same be oflP'ed to sale,
yet in y® 7^^ branch of y* said ord' we conceive it is exprest, y* whosoev' shall
[* 186.1 ofi^ unsufficient *leath' unto y* sealing shall forfeite so much of y* same leath^
as by y® said search" shalbe found insufficient ; conc'ning y® 8*** branch of y*
said ord% we conceive y' is no authority in it ; & conc'"ning y* 9**» branch, we
conceive it meete y* y* search" forfeiture, for any ov'"sight of his, should not
exceed y* w*^** lyes upon y® tanner ; lastly, we conceive its iust y* search"
should be alowed some thing pportionable to their paines, as a penny a hide
for lesse y** five, w° they are called to scale small peels, & for all oth*" peels
aft' y® rate of 6^ a decker.
In answer to y* petition of M*^ Ting, conc'^ning 5^ two guns, upon w* ap-
peareth, it is conceived y* two guns in question are y* pp goods of M' Fenwick.
To be aded to y* ord** for gen'all trainings : It is furth** ord'ed, by y« au-
thority of y* Cote, for ease of all souldiers, w** & w' y« regim^ are ex'^cised,
y* so many dayes as they shall necessarily expend by y* iniunction of y* serieant
maior, both in marching to & fro"* ex'cise at gen'all traini^", shall be deducted
out of y*' 8 dayes annuall train*".
Willi : Fiske is dismissed furth' attendance ; Serieant English is dis-
missed attendance.
In consid'ation of y« great charge y* y* towne of Wat'towne is at by
keep* Thom : Philpot, a distracted man, in prison, it is ord'ed by y* Co'te, y* y*
said to^Tie shall have pow'^ to make sale of y* said Thomas his house, ground,
or oth' things, w*soev' things they find of his, toward their charges in keeping
of him.
Upon j^ petition of Walt' Merry, it is left to his liberty to appear at y*
next Co't of Assistants, y' to answer for Capl Smith, & und'go y* iudgm* of
y* CoHe in the case, or to pay w* they have forfeited.
Christopher Lawson, upon his petition, is granted a hearing of his case
for Thom : Beard, at y® next Co'te of Assistants at Boston.
Upon y* petition of RoVt Wing, he being above 80 years of age, & 4
smal children, & noth« to live upon, y** Co'te is wiling y* j^ fine shalbe res-
pited, untill y* Co't shall give furth' direction about it.
701- The Co'te doth graunt y* towne of Wat'towne to y* first of }-* 4*^ A next,
upon y* pocnalfyes ]^xed in y* form' ord' ; also, they have chosen M' Hibbens,
M' Jn^ GloV, y survey' gen'all, & Edm*» Rice, before y* first of y first A
next, to vciw & appoint a place to put up y* bridge, for y* best benefit of }**
country & towne w"*in y* bounds thereof.
p^pi.. Whereas a question hath fallen in y* Co'te wheth' would most conduce to
THE MASSACHUSETTS BAY IN NEW ENGLAND. 217
y« weale publike, in y* managing of y* affaires y'of in y* Gen'all Co'te, eith' by 1 6 4 ?•
2 deputies to be sent fro°* ev'y towne now in being, or by one onely, & y'upon ~ ^ ^
^ ... . ^^ NoTember.
div" reports have bene given, some affirming y* it is y* gen'all mind of y*
coimtry to continue 2 of each towne now in being, oth** y* contrary, y* most
desire it might be reduced to one, y* Co'te being desiros to know j* mind of
y* country herein, y* y* question may be bett' decided, do ord', y* a coppy of
y* ord' shalbe sent to y* cunstable of ev'y towne, who shall call all y* freemen
togeth' & acquint y°* herew*^, y* so they may declare their minds herein, to
be brought to y* next session of y* Co'te by y* deputies, in y* first A, ac-
cordingly.
To y* end y' may be convenient habitation for y* use of y* ministry in 702—
ev'y towne in y* iurisdiction, to remaine to posterity, it is hereby decreed, by
y* authority of y* Co'te, w' y* maior pt of y* inhabitants, according to y« ord'
of regulating valid towne acts. Numb : ^ , shall grant or purchase any habi-
tation, it shalbe good in law, & y* pticuler sume upon each pson asseased by
iust rate shalbe due, to be paid accordingly, as in oth' cases of towne rates ;
pvided alwayes, y* such graunt be ent'ed in y^ towne booke, & y* deed of pur-
chase & y* deed of gift y'upon to y* use of a fsent ^ach^ eld', & his next suc-
cessor, & so fro™ time to time to his successors, & be acknowledged before a
ma*'***, & recorded.
Whereas sundry gentlemen of quality & othr" oft times send ov' their 70S-
children into y* country, unto some freinds here, hoping at y* least y'by to
pvent y*' extravagant & ryotous courses, who, notw***standing, by meanes of
some unadvised *& ill affected psons, w*** give y™ credit, in expectation their [*187.]
freinds, eith' in favo' to y™ or Mention of blemish to y^selues, will discharge
w*ev' IS done y* way, they are no lesse lavish & pfuse here, to y* great greife
of y*' freinds, dishono' of God, & repach of y* country, it is y'fore ^ord'ed by
y* Co'te, & y* authority y'of, y* if any pson, aft' publication hereof, shall any
way give credit to any such youth, or oth' pson und' 21 yeares of age, w*^out
ord' fro" such their freinds here, in England, or elswhere, und' their hands
in writing, they shall loose their debt, w*ev' it be ; & furth', if such youth
incur any poenalty, & have not w'w*'* to pay such pson or psons as are occa-
sions y'of, shall pay it as delinquents in y* like case shall do.
M' Joseph Cooke, upon his petition, is freed fro™ ex'cising y* company at
Cambridge, & fro™ being compelable by fine to attend upon ev'y training
hereaft'.
The lawes now being in a mann' agreed upon, & y« Co'te drawing to an L»wi,
end, it is time to take ord' : 1. How all alt'ations of form' lawes may be, w^'^out
mistaking, compared & fair written ; 2. Y* all oidd lawes not altered be also
VOL. II. . 28
U November.
218 THE RECORDS OF THE COLONY OF
16 4 7. written in y* same coppy ; 3. Y* y' be a comittee chosen for y* busines^ to be
made ready ag** y® first day of y* first A next, so as y« Co'te of Assistants, if
they see cause, may advise for a Gen'all Co^te, to Ppare y™ for y* presse.
4. Y* y' be larg margents left at both sides of y* leafe, & y« heads of
each law written on y* two outsides y'of, & upon y* oth' margent any refer-
ences, scriptures, or y« like ; 5. Y* these be written coppy wise. The Gov'n%
M' Bellingham, M' Hill, M' Auditor & M' Ting are ioyned in y* committee,
to act according as in y* pap is expressed.
The Co^'te is not a little greived y* they cannot, as they woidd, make
such retumes as might comfortably supply o** occasions in England, & pve a
comfortable incouragm* to o' honored & industrious agent, to go through w*** w*
we have betrusted him, & insteed of a better way, desire y® near townes, as
Boston, Charlstowne, Eoxberry, Dorchest', Wat'towne, Dedham, & Cambridge,
may be inforced to bring in their ^portions of y* next rate into y« Treasurer,
w*^in 20 dayes, & so y® Treasurer, by way of Barbadoes, w"^ M' Allen, or
some oth', may endeavo' a retume to o' agent of a 100^ & y^ some such as we
know are able may be spoken w*** & writ unto, to give o' agent credit for w*
he shall neede in y* meane time, till y* retume comes to his hand, w^ we
assure shall not be long.
It is ord'ed, y* y* servants of Hugh Gullison & Willi : Philips shall have
20" alowed y"* for each house, out of y* treasury.
The Co'te is adiourned to y* second third day of y* first A next
In answere to y* petition of Gawen Faint' & James Lake, concerning y*
ship Gilbert, it appeareth to us, by y* ord' of y* Gen'all Co'te in y« 3* A, 45,
& by such evidence as M' Rob't Saltonstall hath pduced, y* he, y* said Rob%
hath paid & engaged himselfe to pay M' Carpent' & y* rest of j* ships com-
pany, for ^eir wages, y* sume of 263. 5*, w** may be certified to j* petition**
by y* Secretary or Notary ; & w* more to do (as y* case stands) wo know not.
70S- The Co'te thinke meete y* clause for exemption of ma*~*^ be consid'ed,
^* wheth' convenient to keepe y* law in force, or any Jt of it, being pvided for
thus : aft' y* word repealed, y* exemption of ma*"*** for 500* estat is ord'ed
to continue for 3 y'es.
The Co'te, being desires y* pres« ingagm*" of y* country should be spedily
discharged, y* no let may remaine in y^ way to y* hindrance y'of for y« ^sent
rate, desire y* y* selectmen & comission's in each towne may be & are hereby
required & authorished to make y* ^sent rate, charging y* cimstables w*** j*
[* 188.1 *le vying y'of by y* 20'** of y« 10*** A next, according to & und' y« penalty of
y« ord' ; for they conceive y* yeare too fiurr spent to afford a meeting of y*
commission's in y* sheire towne.
THE WLiSSACHUSETTS BAY IN NEW ENGLAND. 219
Whereas y* laws & ord^s of y* iurisdiction do authorish appeales in 16 4 7.
sev'all cases, w*** sev'all cautions, as in y* said lawes are ex^ssed, yet ofttimes * ~
11 November.
is too sleightly attempted & impved, it is ord'ed by y* Co^'te, & y* authority 704—
y'of, y* whosoev' shall henceforth appeale fro" y* sentence of any Co'^te, or Appeals.
oth' pow* by law established to heare & determine in causes comitted to y",
shall record their appeale, w*** a breife recitall of y* reason y'of, y* same day of
y* sentence, & shall also, y* same Co'te, give sufficient security before y* iudge
of y* Cote, or oth' psons authorished, to admit appeales such as may fully secure
y* pson conc'ned in y* cause, & defray all charges y* may arise in y* psecution
y'of to effect, as y* Co'te or oth' psons aforesaid shall appoint ; w*** security
shalbe recorded w**' y* appeale, at y« charge of y* pty appealing, & certified
unto y* Cote to w** it is made ; & if any appeale be granted w***out such
eecurity as aforesaid, y^ grant" y^'of shalbe lyable to all w*^** y* f>ty appeal* in
y* case shoidd have done.
Upon y* petition of y* towne of Dov^, y* Co'^te doth graunt comission to PUcataq.
M' Bellingham, M' Saltonstall, & S or 3 more of y* neerest, ^5, togeth' w*^
Cap? Wiggen, M' George* Smith, & M' Ambros Gibbens, to keepe Cote at
Pascata^ w* they or any 2 of y* said ma*"*" see fit ; & y* any 3 of y" may
keepe Co'te, so as one be a ma*'*'®, w*** shalbe psident.
And furth', y* inhabitants of Dov' are granted exemption fro™ servi* at
y* Gen'all Co^te, except it be at y* Cote of Election, & so long as y* session
shall continue ; & their fine for not appearing is remitted.
For y* Renting & according of long, tedious, & confused pleadings in 705—
civill actions, & y* many complaints of defendants, alleadging y* they und'- .,^ aca© *" ^
stand not w* to answere to, nor w* witnes to sumon, till they appeare in Co'te,
as also for y* bett' ^serving y* records of all actions Iryed in all Co'tes of ius*
tice w***in y* iurisdiction ; & lastly, y' all actions of reveiw may be y* bett'
discerned & iudged, this Co'te doth hereby ord', y' all plantiflTs or their attur-
nyes in civill actions shall hencforth draw up a declaration, in a faire & legible
hand, & shall deliv' it to y* record' or clarke of y* Cote w' y* cause is to be
tryed 3 dayes at least before y* same Cote, w'by y^ defend' may have time
also to put in his answere in writing, as above, & to sumon his witnesses
according to y* nature of y* declaration ; & all actions shall be entered before
y* end of y* first day of y* Cote.
For y* more easy & speedy transporting of great artilery, w'^ & w', also, 706—
sometimes cattell, carriages, canon, & feild peeces cannot passe, as also upon Leather gims.
some suddaine designe to mount for advantage in an enemies workes, this
Cote dotlk ord', y* y' be, by direction of y* maior gen'all, 3 or 4 leath' gunns,
of sev'all sizes, sent for to England by y first oportunity, at y* charge of y*
220
THE RECORDS OF THE COLONY OP
16 4 7.
11 November.
707-
[•189.]
708-
TrespaM ab*
oatle.
709-
country, w***, if found good & pfitable, may give light & incouragm^ for y«
pcuring or making of more.
For y* ^venting of many inconveniences y* oth'^ise may arise upon y*
yearly day of election, & y* y* worke of y* day may be more ord'ly, easily,
& speedily issued, it is ord'^ed by y® authority of y* Co'te, y* y* freemen of j^
sev'all townes & villages w**»in y" iurisdiction shall, y" next yeare, & so from
yeare to yeare, forev', make all their elections by beanes & papers, as hereaft'
is ex^ssed, to be taken, sealed up, & sent to y« Co'te of Election, as y* ord'
^ appoints ; the Gov'n', Deputy Gov'n% Maior Gen'all, Treasurer, Secre-
tary, & Comission" for y* United Colonies to be chosen by writing, open, or
once foidded, not twisted or rouled up, y* so they may be y* sooner & surer
pused ; & all y® Assistants to be chosen by beanes, onely the white to be for
election ; pvided, y' such as are made free upon y* day of election, & onely they,
shall deliv' in their votes at y* dores ; & for *such small villages, ^5, y* sends
no deputy to y« Co'te, y« cunstable of the said place, togeth' w*** 2 or 3 of y«
cheife freemen, shall receive y® votes of the rest of their freemen, & deliv'
them, togeth' w*** their owne, sealed up, to y* deputy or deputies of y* next
towne, who shall carefully convey y* same to y* said Co'te of Election.
Whereas impounding of cattell, in case of trespas, hath bene alwayes
found both needfull & pfitable, and all breaches about y* same very offensive
& iniurious, it is y'fore ord'ed by y" Co'te, & y« authority y'of, y* if any pson
shall resist or rescue any cattell going to y* pound, or shall, by any way or
meanes, convey y™ out of y* pound or oth' custody of y* law in case of tres-
passes, w'by y* pty wronged may loose his damages, & y* law be deluded, in
eith' case y* pty so offending shall forfeit to y« treasury, for a simple rescue,
two pound starling, & shall pay double damages to y* party vnronged ; & if it
be done by any not of ability to answere y* forfeiture & damages as aforesaid,
they shalbe openly whiped, by warrant fro™ any ma*"** before whom y* offend'
is convicted, in y* towne w' y« offence was comitted, not exceeding 10 stripes
for y* meere rescues or pound breach ; & for all damages to y* pty, they shall
satisfy by service, as in case of theft ; & if it appeare y' were any pcurem* of
y« own' of y® cattell y'unto, & y* they were abettors y'in, they shall pay for-
feiture & damages as if y"selues had done it ; but if, w***all, any violence be
offered to y* pson of him y* hath y* distres, y" y« fine to be five pound, & y*
pty vnronged to be left to his remedy by action for any bodily harme sus-
tained fio™ y* rescuer.
It is ord'ed by y' Co'te, & y* authority y'of, y* ev'y towneship 'V^'^in y*
iurisdiction shall henceforth have pow% & are hereby required, fro" time to
time to make ord" for ^venting all harmes by swine in come, medow, pastures.
11 November.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 221
& gardens^ as also to impose poenalties according to their best discretion, 16 4 7.
& to appoint one of their inhabitants, by warrant und' y* hands of y* select
men, or cunstable w' no select men are, to levy all such fines & poenalties by
ym ^if y« towne neglect it) in y* case imposed ; & w' townes bord' each upon
oth' whose ord" may be various, satisfaction shalbe made according to y* ord"
of y* towne w' y* damage is done ; but if y* swine be sufficiently ringed &
yoaked, as y* ord's of y* towne to w*** they belong doth require, y° w' no
fence is, or y* it be insufficient, through w**» y* swine come to trespas, y*
owner of y* land or fence shall beare all damages ; & if any *swine be im-
pounded for damage done as aforesaid, & y' be kept three dayes, & y* no
pson will owne y™, y* y* ^ty damified shall give notice to y* two next
townes, w' any are w^in 5 miles compas, y* such swine are to be sould by an
outcry w***in 7 dayes next after such notice by y* pty damnified ; & in case
none will buy, he shall cause y™ to be apprized by y« cimstable, or one chosen
by him, & may keepe y"* to his owne use ; & in both cases, if y* own' shall
after appeare, y* ov'plus (all damages & charges being satisfied according to
valluation of apprais's as aforesaid in writing und' their hands) shall forthw^
be rend'ed to him ; & if any towne shall neglect to take ord' for f>venting
harmes by swine, according to y* law, more y** one month aft' due publication
hereof, such towne shall forfeit to y« treasury 40" for ev'y month so neglecting,
to be levyed by y« marshall, by warrant fro™ y* treasurer, fro™ time to time,
aft' conviction, -(6, w** it is upon record.
[Two lines which are repeated on the commencement of the next page are omitted in this printed
copy. Pages 190 and 191 are in the handwriting of Bir. Edward Rawson.]
♦MQitary Affaires. ♦ [♦190.]
The military officers of each company, in any publick meeting or oth'-
uise in their oune toune, vpon sixe dayes warning, as in case of sumons, or more,
w*** the advice or consent of such souldje's as are allowed their votes in choyce Millitarylawes,
of their office's, shall, from time to time, appoint the dayes for trayning their
company^s, so as there be eight dajes appointed for the same euery yeare, &
none of them to be in the 5*>» or 6*^ A. 351 : 126.
All majestrates, deputjes, office's of Court, elde's & deacons, the president, Magist, depu-
ffellowes, students, & office's of Harvard CoUedge, and all profiessed schoole q^^j^ gj^**
masters allowed by any two majestrates, the treasurer, audito' gene", survejo' *^' «emp.
from ordinary
gennerall of the armes, ^6, publick notarjes, phisitions, chirurgeons allowed by traynings.
two majestrates, maste's of shipps; & othe' vessells aboue twenty tvnns, mille's
& constant heardsmen, & such other as shall by any Court be dischardged,
eithe' for bodily infirmity or othe' reasonable cause, shall be exempt from
222 THE RECORDS OF THE COLONY OP
16 4 7. ordinary traynings, watchings, & wardings, but not their sonns or servants^ sane
~' ^ ~' one se'vant of efly majestrate allowed exemption.
11 Xorember.
Mai' Gen &5 ^vA the son" & household servants of the majo* generall for the time
to trajn his being shall be exercised by his owne order, & not otheruise compellable to
owne senrants.
N» 675. -attend y* ordinary trajnings.
AU to be pro- But all those persons exempt (except magis^ & teaching elde'^s) shallbe
^^ prouided of armes as other men are.
Bouldjcs lib6«- Euery souldje' Ijsted in any trajned band, hauing taken the oath of resi-
tv
dents, & euery freeman, though not so Ijsted, shall haue his vote in nomination
of military officers of y* company or toune ; prouided they be freemen whereof
he is. 815.
N» 817 609. -^^ euery cap?, leifl, & ensigne, so nominated, is to be presented to the
next County' Court, to be allowed, {§, No. 315.
If any person, who is by law to provide armes & afiinition, & cannot
piirchase them by such meanes as he hath, shall bring to the clarke so much
come or othe' merchantable goods as, by the apprizement of s* clarke & two
othe's of the company, whereof one to be chosen by the party, shall be ad-
judged of greater value, by a fifth part, then such armes or annition, he shallbe
excused of the poenalty for want of armes, but not for non appearance, ^d, vntill
he be prouided ; & the clarke shall endeavou' to furnish him, so soone as may
be, by sale of such goods depossited, rendring the party the ouer plus. 470.
But if any person shall not be able to provide himselfe armes & afiinition
through meere pouerty, if he be single & vnd' thirty yeares of age, he shallbe
putt to service by some ; if he be manjed, or aboue thirty, the constable shall
ppuide him armes, ^d, & shall appointe him w^ whome to eame it out
Bise of mus- No muscquet shallbe allowed for seryjce vnder bastard musket bore, & not
vnde' three foote nine inches in length, nor any peece aboue fowe' foote three
inches ; & euery such souldjer is to be fui-nished w*** a primng wyer, worme,
& scoure' fitted to y* bore of his musket. 606. Vpon any military expedition.
Smith' to rep»
mrmes, &d. vpon occasion of an enniemy, all smiths & other workemen are to attend the
repayringe of arme' & other necessarjes, & may not refuse such pay as the
country affords, (521,) vpon pajne of fine pounds for euery such neglect ; at
othe' times, more then tenn dayes, to forfeite for euery such offence ten
shillings.
SaTejo* power ^^^^ surveyo' gennerall hath power to sell any of the common armes
toMUarme.. ^here he see* occasion.
Euery toune w*** shall haue any armes or amvnition belonging to y* com-
mon store of the toune, shall prouide a mee^ place to keepe the same in, &
shall safely preserve the same, vpon 10* for euery weekes default. 193.
11 November.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 223
*The military officers of euery company in such places^ at such times as 1 6 4 7t
they shall app'hend danger from an ennemy^ shall haue pow«r to orde' the
souldje's of their companjes what armes to bring to the meeting houses^ at y* * r«i97Y
times of the publick assembljes^ & to take course for y^ securing y^ armea of
remote farmes. 543.
In euery company some ynde*^ office* shallbe appointed by the cheife
coiuand'^^ to excercise such children as, by their paren^ or mast^" aUowance,
shall resort to the traynings. 591.
In times of danger, the watches & wards shall be set by the military
office's, in such places as they shall judge most convenient, (447 ;) & if any
man shall shoote of a gun after such watch is sett, except in case of allowance,
he shall forfeit 40-. 612.
The distinct dischardge of 8 muskets, or the continued beate of y* Alarunu.
drumn, or y* fyring of a beacon, or discharge of a peece of ordinance, or any
one of these in the night, or the sending of a messenger on purpose to give
notice of an ennemy at hand, shall be accounted a gennerall alarum, w^ euery
trayued souldjer is to take imediately, on pajne of fine pound. Besides the
genrll alarum, there shallbe a speciall alarum for y® toune", viz^ : one musket
dischardged, w*^^ each sentinell shall answer by going to the houses in his ♦
quarters, & crying, Anne, arme ; & if the danger appearc, the cheife officer may
eithe* strengthen their quarters or give a gennerall alarum, & they may s^
their sentinells or courts of guard where they shall judge most conuenient ;
& vpon certejne intelligence of an ennemy at one toune, the comande's of the
8 next tonnes shall repajre thither w^ a sufficient company, according to the
intelligence given them of the ennemjes strength. 521. ^
The 8 cheif office's of euery company, or any two of them, shall haue
powe* to pimish such souldje's as shall commit any disorde' or contempt vpon
any trayning day or time of military excercises, or vpon any watch or ward,
by stocks, bilboes, or other vsuall military punishment, or by fine not exceed-
ing 20*, or may comitt such offendo' to the constable, to be carried before some
magistrate, who may binde him oxier to the nex^ Court, if the cause shall so
require. 520.
It belongeth to the place of the Go&no' for the time being to be genne'all Oo6n' to be
of all the military forces; but where occasion of service shallbe against m times of peace,
ennemy, the genne'all court or standing council may appoint some other to y* *^*
office, vntil the forces raysed shall be disbanded. 815.
The law made the 14*^ of the 8* mo., 1645, & the 12*^ of the 6 mo.,
1645, N^ 598 & 599, together w^ this present law, to stand in force, & all
224
THE RECORDS OP THE COLONY OP
11 NoTomber.
Constables
watch, &d.
1 6 4 7» Other gennerall lawes & orde^ concerning military affajres are henceforth re-
pealed. The constables watch to be refferred to title constables.
In ordinary times, when no dange' appeares, the watch shallbe set by y*
constables in the seuerall tonnes, from halfe howe' after sunset to halfe an
howe' before sunn rising, from the last of the first moneth to the last of the
7**^ moneth ; & euery person of 18 yeares of age, not exemp* by law, viz*,
magistrates, office's of churches, schoolemaste'^s, cap*, leiften*, ensign, tresu',
millers, & such as are bread to learning, & such as are dischardged by 2 magis-
trates, being of able body, or of estate sufficient to haue another, v^^ any of
the magistrates shall haue powe' to judg of, shallbe Ijable to watch in person,
or some other able person, when he shallbe therevnto required by the constable
of the toune ; and all persons of the family, whether son*, servan**, or sojoume",
are included in this law ; or if any shall refuse or neglect to watch according
to this law, the constable shall present his name to one of the next magistrates,
& if upon due conviction he cannot give a sufficient excuse, the same magis-
trate shall give a warrant to the constable to levy 6* by distresse, ^6, for euery
defitult, to be implojed for the vse of the watch, & recompence besides to the
constables, & such other for their time, ^d, as shallbe necessarily implojed
-» therein.
Euery toune shall haue alwayes a watch house convenient for that ser-
vice, except the meeting house stand so as it may serve in stead thereof, vpon
poenalty of 10" a weeke for defitult thereof.
All other orde's, touching the constables watches, are repealled, associats
& £u:mes to stand as by other lawes.
It is ordered by this Court, that Woronoko, vpon Connectico* Rjver, w**»in
J* jurisdiction, shallbe & be reputed as a part of y* toune of Springfeild, &
Ijable to all charges there as other pts of the same toune ; vntill errecting some
oth' plantation more convenient, it shallbe thought fitt by y* Court to annex
it to such new plantation.
[In the handwriting of Secretary Nowell.]
*M' Pinchin is authorished to make freemen, in the towne of Springfeild,
of those that are in covenant & live according to their pfession ; & Springfeild,
within twelue months, to bring in a transcript of their land, according to y*
law in that case pvided, and a true note of the time of all their births, burials,
& marriages.
(The remainder of page 192 is by Mr. Rawson, except the town marks, which are marginal entriei by
Mr. NowelL]
And fruther, the inhabitants of Doner are granted exemption from serving
at the Gennerall Court, (except it be at the Court of Election, & so long as
that session shall continue,) and their fine for not appealing is remitted.
Woronoco to
Bpringfeld.
[•192.]
THE MASSACHUSETTS BAY IN NEW ENGLAND.
225
Towne Marks agreed by y« General Co'te for Horses^ cx, x x x x x, ordered
to be set upo** one of y* nere q't" x x.
1647.
11 November.
Charlestowne>
'Cambridge,
'IP'oncord,
Salem^
$al8berry,
Sudberry,
ptrawberrybanke,
Dorchester,
dedham,
Dover,
"Boston,
Braintrec,
"Roxberry,
Rowley,
redding,
Wat^owne,
/Weymoth,
TIBobume,
JVortham,
Linn,
I pswick,
Nubcrrv,
"Hingham,
Rampton,
H averell,
flloster,
M eadford,
TTIanchest'
Andiver,
Bull,
^fpringfcild,
X ashaway,
Exiter.
It is ordered, by authority of this Court, that the trading house at Wo-
ronoco, & all othe' trading howses, errected or to be errected, mainteyned or
vsed w***in this jurisdiction for trading with the Indjans only, or cheifely,
shallbe contributory to all publick & comon charges, both in toune & country,
& euery such person as shall inhabit or trade in any such trading house, or
neere the same, shall pay vnto the publick treasury, by the hands of such aa
shallbe assigned to receive the same, for euery skins of beavar, otter, beare,
or moose, two pence ,* and if such person, so assigned, shall haue cause to sus-
pect that any such trader hath not given a true account of all such skins so
traded, he shall informe one of the nex^ magistrates thereof, who shall send
for such trader, & require him to deliuer account, vpon oath, w*'** if he shall
refuse to doe, he may comitt him to prison, or take bond of him, w"* surety for
his appearance at the nex* Cour* of Assistan**, to answer his contemp*, & be
proceeded w*** according to justice. And it is further ordered, that all such
skins, so receiued by way of trade, in or neere such trading house, for w*'** the
said impost of two pence p' skin shall no* be sattisfied w^in one weeke after
demand thereof, shallbe forfeite to the publick treasury, or the value thereof,
to be levyed vpon warrant from any one majestrate vpon any skins or other
goods in such trading house.
16 of the 9 A, 1647. By the Court.
M' Treasurer, yo^ are hereby au^orized & required* to send forth you'
warrants to all the tonnes w***in this jurisdiction, according to the direction*
belonging to yo'^ office, expressed in the order of assessments, requireing all
constables, selectmen, & comissione's for tounes, from time to time, & from
point to point, to list, assesse, correct, transmitt, levy, & make paymen* impar-
voL. 11. 29
11 NoTember.
226 THE RECORDS OF THE COLONY OF
16 4 7. tially in all respec**, according to the expresse rules & directions thereof^ only
for the present rate the selectmen & comissione's in each toune are required &
au^orized to make the assessment vpon the estate according to the plajne
inten* of the orde% as neere as they can, & to charge the constables w*^ levying
& paying the same to the Treasure', before the 20'** of the next 10*^ moneth,
according vnto & vnder the poenaltjes of the orde'^ aforesajd, & is otherwise, by
former orders, prouided for.
Yow are also to require the selectmen & comissione'^s to send yo^ coppies
of their assessment*, so soone as they are made, that yo'^ may know what to
require and receive of each constable vpon the same, according to the warran**
to yo^ directed to that purpose, hauing put in old comissione's.
M' Treasurer, yo!^ are to take notice, that Boston, Charls Toune, Eox-
bu''y, Dorchester, Cambridge, Water Toune, & Dedham are required to bring
in their seuerall proportions of this rate to yo^, w'^in twenty dajes : the ground
thereof, with the end, yo^ will be enformed by the Secretary, by an orde*" passed
both houses thereabou**.
[In the handwriting of Secretary Nowell.]
16 4 7-8. Mf a Session of the GenTall Courte, the First Monthj 1647 or 1648.
March. TN answere to the petition of M' Nicho : Davison, for M" Rebecca Cradock,
[*193.] JL alias Glover, for divers sumes of mony disbursed for the country, of w**"
he saith resteth due 679. 6. 4**, the Co'te doth referr this to the audito' gen'all,
to examine the matter of the petition, & to certify this Co'te what he shall find
concerning the same.
It is ord'^ed by this Co'^te, that M' Gawen Painter, shalbe alowed to try
an action against M*^ Rob't Saltonstall & ptners, at the next Co'[t], at Boston,
about the goods of the said Gawen, seized for seamens wages, notw^standing
any former ord' of this Co'te.
710— Upon the petition of Norfolke, the Co^te doth thinke fit that the sheir
towne of Norfolke be refered to furth' consid'ation, & the magistrat[es] to
agree some of themselues to keepe Co'te, as is desired, 8c that they have
liberty to choose gentlemen of worth, in or out of their sheire, for associates,
& that they be not called out of their sheire to gen'all traineings there ; pvided
they trayne 8 times a yeare, according to law, & be und' the comaund of the
serieant maior of Essex, to gen'^all trineings in their sheire, or otherwise, in
times of danger.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 227
John Stedman, haveing bene ensigne of the company at Cambridge about 16 4 7-8.
six yeares, is freed from serving as a comon souldier there. ~ ^ ~'
It is ordered by this Co'te, that all the land on the east side of Conetecot
Ryver, from the towne of Spiingfeild downe to the warehouse w*'^ they for-
merly built there, shall belong to the towne of Springfeild, for the ^ent & SpringHeld.
during the pleasure of the Co'te, & twenty poles below the warehouse.
It is ordered, that the first Co^te in Norfolke shall be kept the last third
day of the 2** month, at Salsberry, & to have the same magistrates that keepe
Co^te at Dover, & in the meane while liberty to choose their comissioners, &
to take their oathes before the same magistrates.
It is ordered, by the authority of this Co'te, that Maior Dan[iel] Denison,
M' Rich'd Dumer, & M' Hubberd, or any two of them, shall assist M' Sy-
monds, or such other magistrate or magistrates as can attend the keeping of
the next Co*'te at Ipswich ; & they, or any three of them, (whereof M"^ Symonds
to be one, or some other magistrate,) shall have pow' to heare & determine all
causes, both civill & criminal!, refered to y® cognizance of that Co'^te, accord-
ing to law ; pvided that they take their oathes.
At the request of the countye of Middlesex, thoy are granted to have Til-
two Countye Co'ts therein, the first to be kept the last third day of the 8^
month next, & their other Co'te the last 3'^ day of the 2^ A after.
The Co'te doth conceive it meete that John Wavte, of Charlestowne
Village, shall be alowed, out of the next country rate, for his writing one
booke of the lawes, & for finding paper for both bookes, 4* 18sh*.
M' Pendleton & Willi : Parks are iojTied w*** the audito' generall to take
an accoimt of the magistrates expcnces for dyet for this session, & so ev''y ses-
sion two of the deputies shall be chosen for that purpose.
Capl Ting, M' Glover, Leifl Pendleton, Willi: *Paikes, & Edmund 712.
Jackson are chosen a comittee, they, or any of them, to veiw Mistick bridge, [*194.]
& to certify the next Co'te, the two first to give notice & three dayes warning
to the rest.
John Lovell is abated his fine of 5* to SOsh*.
On condition that the to'v\'ne of Linn sufficiently repaire their bridge be- 713-
fore the Co^te of Election, & for ev' keepe it & mainetaine it in repaire, they
shall be allowed 20sh" a yeare, from the publike treasury, forever, to be paid
out of their yearely rate, or otherwise.
Whereas this Co'te hath taken notice, by severall complaintes, that cer-
teine people, intruding themselues into the land at Shawamet, pteining to this
iurisdiction, 1. have destroyed much or all the corn the pore Indians, imd' this
228 THE RECORDS O.F THE COLONY OP
16 4 7-^. gOTcrmS had planted there last yeare^ for the subsistence of themselues &
^^"^ ~' families^ so that this Co'te hath bene driven to supply them ; —
2. That they, or some of them, have wronged the English there, under
this goverm^ by entering into one of their houses, in a violent manner, &
offered to search his house for what they pleased, g^nting a pistoU to his
breast, in a threatening manner ; —
3. That they tooke away a gunn, out of an Indian wigwam, apperteining
to the country : —
The pmises consid'ed, the Co'te doth conceive that it is meet to send
three discreet messeng's unto them forthw^, (by reason planting time groweth
on so fast,) to inquire & certify us the truth of these things, & w***all, to
^ent the like for the future, that they be required, from this Co^'te, J^sently
to quit the place of Shawamet, & make restitution for the wrong they have
done, both to the English & Indians there, v/^^ course taken, (upon retume of
the messengers,) Evidence may direct seasonably to answere oiir engagem** to
o' people there, according to God. Further, when these messengers have
done their busines at Shawamet, in case they conceive not satisfaction, they
«hall go to Roade Iland & Providence, & acquint such as are in cheife author-
ity there wherefore. they were sent to Shawamet, & tliat this Cote doth desire
to know ?
Wheth' they will owne them & maintainc them in this course they are in.
The Instructions w*** this Co'te giveth to yo", John Johnson, Surveyo' Gen',
Leifl Josua Howes, & Serieant James Oliv', Messeng" to Shawa.
1. Yo" shall first informe yo'selues, & consid' how the intrud" into that
plac® (& thereabouts) do stand affected in regard of the f^ticulers in this case
mentioned, vizj : wheth' they do gen'ally incline to make satisfaction, or to
psist in maintaining what they have done, or wheth' Weckes, or some pticuler
psons, onely do psist.
2, That yo" demaund of them to expresse their answere by one or two,
in the name of the rest.
S. That yo" be carefuU to act ioyntly, that yo'* may be able to give the
fuller testimony about the pceedings on eith' part, & to take the Arnolds w^
yo'*, as yo" shall see occasion.
These instructions to be aded to the order of Co'te.
714— This Co'te considering the great pill w*** men, horses, teames, & oth'
cattell are exposed to, by reason of defective bridges & high wayes between
[*195.] Boston & Salem, & elsewhere in this iurisdiction, *it is therefore ord'ed, that
THE MASdACHUSPnrS BAY IN NEW ENGLAND. 229
if any pson loose his life in pas[sing] any bridge or high way aforesaid, (after 16 4 7-8.
due warning given of such defective wuyes & bridges,) the country or towne ^
March.
who ought to secure such wayes or bridges shall pay a fine of 100* to the pefectiue
parents, wife, or children of the party so deceased; & if any pson loose a ^"^ges.
liiiie, breake a bone, or receive any oth' brush or breach in any pt of his body,
by such meanes as aforesaid, the country or towne through whose neglect
such hurt is done shall pay to the party dq^ble damages ; the like satisfaction
shalbe made for any teame, cart, or carriage, horse, or oth' beast, pportionable
to the damage sustained, (as aforesaid.)
Upon treaty w*^ M' Winthrop touching the making of salt out of meer Salt,
salt wat', for the use of the country, it is apjphended & assented, by both
part*, that for incuragmcnt of the said worke, being of so gen'all concernment,
it is enacted, by authority of this Co'te, that for so many families or hous-
hold" as are resident w^4n this iurisdiction, M*" Winthrop shalbe paid, after
the next harvest, so many bushels of wheate, or of other corne & wheate, to
the value of wheate, yet so as the one halfe of it be in wheate certeine, upon
the delivery of so many bushels of good white salt at Boston, Charles Towne,
Salem, Ipswich, & Salsberry, to be received & paid for by the comission" for
publike rates, upon two months notice given by M' Winthrop unto the cun-
stable, selectmen, or comission' for publike rates for each sheire towne, who
hereby shall have power to levy the said come in pportion, according to the
rules of rating for estates, & also to apportion the salt to their inhabitants ; &
furth'", it is ord'ed, that the comission''s aforesaid for the second yeare shall, on
the behalfe of the houshold" aforesaid, receive & make paym* at the places
aforesaid for two bushels a family of such like salt, at the price of 3sh* p
bushell, & apportion it as aforesaid, according to the numb' of families ; &
also that for oth' two ycares the comission" aforesaid shall take of & make
paym* for two hundred tun** of salt, at 2* p bushell, at such salt worke as the
said M' Winthrop shall appoint, so it be w*^in this iurisdiction ; also, it is
ordered, that he shall have liberty to erect workes in any place or places w***in
this iurisdiction not apppriated to any towne or pson ; & also where any such
place or places apt for such worke shall be found in any ppriety, it is the
earnest desire of this Co'te that the townes & psons to whom it belongs will,
for reasonable consid'ation, resigne the same, w<* we conceive & confidently
hope all will willingly & cherfuUy do.
This Co'te, haveing consid'ed the intelligence w^** came lately from Eng- ^- immil,
land of the great distractions w®** they are in, & the dangers w* they lye open
to by occasion thereof, & also the Lords visitation gen'ally through this coun-
try the last suiner, by an unknowne disease, & the damage in o' come & oth'
230 'THE RECORDS OF THE COLONY OF
16 4 7-8. pvisions by the drought, & being sencible also of the great mortality of o^
"*■ ^ "^ country men in the West Indies, & having cause to feare least o' sinnes may
* pvoke y* Lord to lay more heavy corrections upon us, in y* like or other kinds,
this year following, have therefore agreed & ord'ed, that these things should
forthwith be intimated to all y* churches w'**in this iurisdiction, to the end that
they may be stired up to seeke y* Lord, for pvention of these evils ; & for
this purpose, y^ 20'^ of y^ 2*^ A nejLt is appointed & set a pt to be kept a day
of humiliation in all y* churches; & all psons are here [by] required to abstaine
from bodily labo' tliat day, & to resort to y" publike meetings, to seeke y*
Lord, as becomes Christians in a day of humiliation.
Dated this 5'^ first month, 1648.
[ 196.] *The Co'te being informed of y* defects of j** prison by a comittee, —
1. That a great pt of j'* groundsils & y« tenants of y* studs are very
rotten ;
2. Y* y*" ptitions w*^^ divide y* roomes are very weake, to keepe prison's
a part;
3. Y^* much of y® planke y* cov" y* house is very rotten, so as it will be
necessary there be a new covering, it being very uncomfortable as it is ;
4. Y*^ }-* pales w^** compas in j'* prison will in pbability soonc fall, if there
be not spedy course taken to new post them ; —
The audito' & survey' gen'all are appointed to ov'see y* worke, & to
agree w*^ the workmen as they, in their wisdoms, shall thinke best, that it be
done substantially, the house to be cov'ed w*^ shingles, w*^*^ done, y« upper
roomes may be of great use to y** country in sev'all respects.
The Co'te doth desire that M' Rawson & M' Ilill compare y* amend-
ments of the bookes of lawes passed, & make them as one ; & one of them to
remaine in y® hands of y^ comittee for y* speedy coiiiitting of them to the presse,
& y* oth' to remaine in y*' hands of y* Secretary, scaled up, till y® next Co'te.
Upon }'* petitions of M' Rob't Saltonstall, ye Co'te doth conceive y* y*
part of y* petition w*^** concernes y* respiting of j^ petition about farm' Dexter,
may be granted untill y* next Co'te : pvided y' Rob't Saltonstall give in suf-
ficient security to abide j"* ord' of y* Co'te, & also to answere all damages, the
security to be alowed by y* Secretary.
In answere to y* petition of some of Excetter, the Co'te doth thinke
meete y* ^I' Ezechi : Rogers, M' Nathani : Rogers, & M' Norton be requested
by this Co'te, & authorished, to examine y* grounds of y^ complaint, &, if it
may be, to compose things amongst them, w*^** if they cannot do, then to certify
this Co'te what they find, & also thinke best to be done, w*^^ may conduce to
peace, & continuance of y* ordinances amongst them ; also, y* y® parties on
both partes be enioyned, by authority of this Co'te, upon notice to them given
1
THE MASSACHUSETTS BAY IN NEW ENGLAND. 231
by the said comission", to come to such place, & at such times, as they shall 16 4 7-8.
appoint, for hearing & composing the same. '~ ^ ~'
Leifl Johnson, upon his request, (being pressed w^*» many urgent oc-
casions,) is dismised fro°* any furth' attendance on y* service of y* Co'te.
The most of the freemen desiring their form' lib'^ty of sending one or Dept«.
two deputies to y* Gen'all Co'^ts from time to time, the former wonted liberty
is continued, & y* former act in suspence is repealed.
In answere to y® request of y* traine band of Salsberry, y Co'^te doth
alowe & approve of their choyce of Rob't Pike for their leiftenant, & Thoma :
Bradbury for their ensigne, & confirme them therein.
In answere to Benedict Arnolds letter, y* Co'te doth thinke it meete to
alow him liVty to take up 50 bis. of Indian come, for suppliing of y* Indians
there therew^**, for w*^** he shall be satisfied here in wampam, desiiing that
strict ord' mav be taken for recov'^v of v® wampom due from Pessicus.
Upon y® petition of M" Katherine Dudly, late >** wife of Samu : Ilack-
bume, for y^ deed shewed to be made good, by authority of this Co'te, accord-
ing to y* contence thereof, & so to be endorced und' y* hand of y* Secretary',
& if anviust cause shall be shewed to this Co'tc w^Hn one veure to the contrarv,
then this order to be revoked.
Whereas, upon a cause comcnced in y^ Co'tc of Assistants, at Boston, the
3*^ of y* first A, 1645, between Rob't Saltonstall & David Yale, plantifs, &
Abra: Shurt, defend*, & upon a difference between y^ Co'te & iury, y* cause
was refered to y* determination of this Co'te, who, upon hearing all parties,
made an ord' for y* confirming of y^ title & right of *the plaintiffs ; & whereas, [*197.]
at y* last session of this Co'^te, y said defend*, by Rob't Knight, his atturny,
petitioned this Co'te for a reveiw of y* said cause, w*"** (for some speciall
considi^ations) was granted, now this Co'^te, ujwn y* appearance of y* pties,
plaintiffe & defend**, & M"^ Rich'd Cutts, agent for M' Sampson T^ne, & y*
atturny of David Sellick, & M' John Maning & David Yale, & upon hearing
y* pleadings on all pts, by y* said parties & their advocates, do find no cause
to alter y* form' order of this Co'^te, as y cause was then stated & repsented ;
but for as much as it now appeares, upon fuith' evidence, that y* said Eob't
Saltonstall, from whom the said David Sellick & Cuts do clayrae, had no iust
& true right (though legall) to y* house & land in question, when he
bargained & sould y* same to y* said David Sellick, from> whom it came by
conveyance to y* said Cutts, or Sampson Lane, in whose right he cla\Tnes, ^c%
but that y* true right & title thereto were in y said John Maning & David
Yale, who, since y* said last session of this Co'te, conveyed their severall
interests to y^ now plantiffe, Rob't Knight ; & finding also that y' said Rob't
232 THE RECORDS OF THE COLONY OF
16 4 7-8. Saltonstall was reputed to have sixty pounds interest in y* said house & land^
'''■ ^^"""^ & possession thereof at y* time when he sould y* same to y* said David Sellick,
& that the bargaine & sale thereof was inroaled^ whereas y* bargaine & sale of
y^ said John Manning was not inroled, & that y^ said John Mailing & David
Yale, haveing then right thereto as aforesaid, & knowing of y* said bargaine &
sale, did not make their due clayme, or forbid, or use any meanes to hind' y^
sale thereof, ^5 ; & finding, also, that y* said Rich : Cuts was purchaser, at
y^ second or third hand, & for valuable consideration, & that, depending upon
y* former ord"^ of this Co'te, he hath expended more then the said house & land
were then worth, in repairing y* same, & fiting them for his occasions ; upon
these consid'ations, this Co'te doth ord' & determine as foUoweth : that y* said
Rich'd Cutts shall enioy y* house & land in question, according to y« estate &
interest granted or conveyed to him, or Sampson Lane, from y* said RobH;
Saltonstall, or David Sellick ; & that y* said Rob't Knight shalbe paid &
satisfied sixty poimds, due to him from Thom : Wannerton, upon a morgage of
said house & land in question, & also twenty pound, w*'** he paid to y* said
David Yale for his interest, w^** said severall sumes shalbe paid to him by y«
said Rob't Saltonstall, for w®** y* said Rob't Knight shall have execution against
y* estate of y^ said Robert Saltonstall, both lands, & goods, & against his pson,
(if estate cannot be found,) w%ut any furth' suite, untill he shall be fully
satisfied ; & y* Co'te doth adiudge M' Manings interest to be lost for want of
enroaling, & he left to his remedy upon j^ bargaine from M' Saltonstall ; &
furth', y^ said Rob't shall pay, as a fine for his miscarriages aforesaid, (whereby
all y* charges & troubles aforesaid have growen, both to this Co'te & y* parties,)
& also shall pay unto M' Knight, for y* charges of this ]psent Co'te, eight
pound & six shillings ; & this ord' to be a finall determination between all y®
said parties, concerning y* said house & land, & all differences arising there-
upon ; & M' Rob'^t Saltonstall is fined five pound, & is debarred from pleading
in other mens causes in any Co'te of iustice, except himselfe have reall interest
therein.
c»nm °&^" These psents witneseth that I, Martha Coytemore, of Charles Towne,
sons eftate. widow, executrix unto my late husband, Thom : Coytemore, deceased, in & for
y* more sure accomplishment of his said last will & testament, bearing date the
25*** of the 6"* A, 1642, by w*** he did bequeath & give his whole estate unto
my selfe & child, his sonne, Thom : Coytemore, as by y* said will doth appeare,
w*** estate did amount unto y* sume of twelue hundred sixty six pounds, nyne
shillings, seaven pence, as by the inventory thereof doth appeare, & now being
purposed, by y* pvidence & pmission of God, to enter marriage w*^ John
Winthropp, Es^, GovV of y* Massachusets, in tend' respect, also, to my said
THE MASSACHUSETTS BAY Ix\ NEW ENGLAND. 238
March.
[♦198.]
child^ & oth' consid^'ations mee thereunto moveing, w**» the advice *& consent 164 7-8.
of my beloved broth', M*" Increase Nowell, one of y® ov'seers of }'* said will,
as also by y* direction & w*^ y* good liking of y® said John Winthropp, have
agreed, & do hereby covenant, graunt, & agree, that all & every y® pticulers
hereaft' mentioned shall hencefourth be 4& be accounted y® pp estate of my
said child, as his halfe pt of y® estate come to my hands, by vertue of y® said
last will & testam*, & also do ordaine & appoint my beloved brethi'en, M'
Increase Nowell, M"^ Willi : Ting, M' Joseph Hill, & Willi : Stitson as feoffees
in trust, & trustees in y* behalfe of my said child ; into whose hands & pow',
to y® onely use & behoofe of my said child, I do hereby estate & intrust all )-•
pticulers hereafter mentioned, as aforesaid, as well lands, liouses, mils, & oth"^
goods, in nothing to be alienated, allessed, or diminished by me, or any oth'
pson or psons whatsoev', w'^out y® ord' & consent of y* said feoffees, or y*
maior pt of them, or y* surviv" of them, und' their hands, in writing, & that
to y* benefit of y® said child ; w*^** said division I also agree to, & desire it may
be ratified by y* next Gen'^all Co'te, & confirmed ; & y« said feoffees author-
ished to do, execute, pvide, & pformc, on y® behalfe of my said child, in all
things, according to y* true intent & meaning of this ^sent *a«?reem*, & accord-
ing to y« last will & testam* aforesaid ; pvided, nev' the lesse, '^- all y® revenue
of y* said housing, lands, mills, & cattle, as also so much of y® oth' estate,
hereafter mentioned, as shalbe put into land, or oth' impvm*, for annuall
advantage or incombe, shalbe & remaine to my owne use & benefit, & for edu-
cation of my said child, untill he shall come to y® age of discretion, & further,
till he shall accomplish y® age of twenty one yeares, unles he shall before
(being capable thereof) make choyce of some other guardion, till he shall
attaine his full age aforesaid ; pvided, also, y* if it so come to passe y* any ^t
of y* said estate shalbe disposed unto my moth% M" Katherine Coytemore, as
is pvided in y* said will, then y* feoffees shall pay out of y^ estate of my said
child in pportion, as is pvided in y* said will, notw'**standing y® agreement &
division hereby made & ex^ssed. In witnes whereof I have hereunto put my
hand & scale, y® 20'^ of y« W^ A, 1647.
One new feath' bed, boulst% 1 quilt, red & blew, (6, ^001 06 00
& pillow, .... >004 00 00 54i plate, at 4]" p g, ^012 06 04
2 blankets, one greene rug, 1 silv"^ girdle & silke
& cov'let, .... 1 18 00 iacket, . . . 001 00 00
One chest of drawers, . . ^002 00 00 A trunk, 4*, an iron
One trunk, & 2 hoUand pot & hooks, 8% 12 00
shirts, > 001 02 00
9 towels, 5% Si duss : nap- 26 01 10
kins, 32 i% .... 01 17 06
VOL. II. 30
234 THE RE0ORD3 OF THE COLONY OF
164 7-8. Y^oth'pt, .... y02601 10 4 cows, 20*, ^ new
^' — ^ ^ 500 acres land at Wooborne, 50 00 00 mill, . . . . 110 00 00
March. Y« house, garden, (5, . . 120 00 00 i Colo : Rainboro debt, 75 13 00
Halfe y« furth' mil, ... 100 00 00 A copp furnace, . . yOOl 10 00
5 CO we conions, . . . . 010 00 00 130 acres land at ell-
y041 00 00 pond, .... 22 00 00
63 10 00
23 hay lots, . . . .
85 acres of land by mil.
A warming pan, & copp fry* ^620 00 00
pan, 6 00
The Co'te consented that these indentures should be recorded, & kept
among y* private records of this Courte.
This indenture, made the 20"* of y« 10*** A, 1647, between John Win-
thrope, of Boston, in New England, Es^, & Martha Coytemore, y* relict of
Thom : Coytemore, late of Charles Towne, in Newe England, aforesaid, on y**
one pty, & Increase NowcU, of Charlestowne, aforesaid, geni, Willi : Ting, of
Boston, aforesaid, marchant, Joseph Hills, & Willi : Stitson, of Charlestowne,
also, on y* oth' pty, witnesseth, that whereas, by y* good pvidence of God,
there is a marriage intended shortly between y* said John Winthropp & Mar-
tha Coytemore, & whereas y« said John, having disposed of his estate among
his children & such psons as he was ingaged unto, so as he hath not to endowe
y* said Martha, & therefore, out of y* love he beares to her, is carefull to have
her owne estate so secured to her as that, by the blesing of y® Lord, it may
be ^served, & remaine to her & her children after y* death of y* said John
Winthropp, it is hereby covenanted, granted, concluded, & agreed by &
between y* said pties in mann' & forme following, videl : y* y* said John &
Martha, ^sently, upon their entermarriage, & during y* coverture, shall &
will stand seized & possessed of all such houses, mills, lands, tenements, &
hereditam**, goods, & chattels whatsoev', being y® pp estate of y* said Martha,
by & according to y* last will & testam* of her said late husband, & pticulerly
mentioned & exposed in a certeine sccdule hereunto annexed, to y* use of
y* said Increase Nowell, W™ Ting, Joseph Hill, & W™ Stitson, & of y* sur-
vivers or surviver of them, for y® intents & purposes in this ^sent indenture
expressed, & to no oth' use, intent, or purpose, viz : y* they, y* said John
Winthropp & Martha, shall & may receive & take all y® rents, revenues, pfits,
& benefits of y* save during y* coverture, w*^out rend'ing any account of [y*
same], or of any pt thereof; & if y® said Martha shall have any issue of her
[*199.] body, begotten *by y® said John Winthropp, or shall dept this naturall life, dur-
ing the X X it shall be lawfull for y* said Martha, by her last will & testam*,
in writing, to bequeath & dispose of all or any pt of her said estate, both reall &
THE MASSACIIU.SETTS BAY IN NEW ENGLAND. 235
psonall, to & among her children, or otherwise, according to her will & best 164 7-8.
discretion, but neith' y® said John nor Maitha, nor both of them, nor any other ~ ^ ~
March.
pson, shall have any interest or pow"^ in y* said estate, or any pt thereof, or in
any of y rent, revenue, pfit, or benefit thereof, other then is in this psent
indenture ex^ssed & intended, except upon such reasonable & fit occasion as
y® said trustees, or y* maior pt of them, or y surviv's of them, shall, und' their
hands, in writing, given consent unto, or by }'* alowance & authority of j**
Gcn'all Co'te ; & it is y* humble request of all )^ said pties that this ^sent
indenture, & ev^y pt thereof, may be confirmed by y* authority of y* said
Gen'all Co'te, & eutered among y* private records of y® same. Witnes where-
of y* pties abovenamed to these psents interchangably have put their hands
6 scales, the day & yeare above i«ritten.
A pticul' of y* Goods & Chattels apportioned to M" Martha Coytemore.
Inpr : inpr : a p?cll of books, 7 8 8^.
Feath' bed & boulst' 3*, togeth', 10 8 8^
A bed steed, trundle Ixjd, w**> roapes & matts, ^001 10 00
2 p' of striped curtens, window curtens & valence, & ffreen ^
^ ^ ' i >002 10 00
r"gg, >
1 feath' bed, boulst', flock boulst', pillow, blankets, red ruff, >
' , ' ^ ^ i 7001 15 00
& trundlebed, )
A p' brasse hollow andirons, fier shovell, tonges, & creeps, . ^001 15 00
A ciprus chest, 2* 10"; 7 p' holland sheetes, 10, ^012 10 00
3 dyap table cloathes, 3i duss : napkins, 2 coberd deaths, &> ^^«^^^
^ ^ . ^ V 07 00 00
a damask napkin, 5
4 p' holland pillow beares, 3 cob'd cloths, 1 duss : napkins, 2 -}
, > ^003 05 00
towels, >
7 p' course sheets, 3* ; 9 towels, 5* ; 17 table clothes, 2*, . . ^005 05 00
3i dussen napkins, 1. 12. 6*^ : 2 p' sheets & 1 p' pillow beers, -)
, > ^002 18 06
1* 6% • >
1 p' striped silke curtens & valence, 5 windo curtens, 2 windo ^
1 1 1 1 1 1 p 1- 1 ^ 005 00 00
cloths, 1 cob'd clo, & chimny cIo, >
1 ffreen broad cloth caniet, 1 cobM clo :, I chimnv clo :, & a ■)
httle table cloth, 5
1 silk red & green quilt, 2. 10' ; a little turky carpet, 01. 6% ^003 16 00
A suite of red tabic, 3* ; 54} 3 of plute, at 4. 6'*, being lialfe, )
whole, 12. 6. 4-., I '•'^^^0*
A pcell of cheny platf^s & saucers, 1* : 1 trunk, 2 flaskets, 4 ,
^ ,^ ^ ^001 12 00
cases, 12",
256 THE RECORDS OF THE COLONY OF
16 4 7-8. A meridian compas & another compas^ 12* ; a p' of scales^ 5* ; > ^- j />n
^ _ . > 01 14 00
^ ^ ~ a case knives, a scru for almons, >
An ould cov'let tent & blanket, 14" : 26^ " ffunpowd' at 20^ >
,, ■ » > 2 6 F- > < 002 18 02
p «, 2. 4. 2, . . , 5
2 brasse skellets, 2 spits, 1 iack, 1 stew pan, 2* 6" : halfe y* >
^ ^ "^ < 102 06 00
furth' mill & purtena, 100*, 5
Land, beside all apportioned to y* child, 12* 10* : a tapistry ^
cov'let, 1. 6", 5
12 leath' chayres, 1. 10* : 2 ould cov'lets, 5* : 6 blankets, 36* : -%
. ,* i 04 11 00
1 p' andirons, 1*, )
1 bed boulst', 2 pillows, 2 p' pillowbeers, 1 scale skin trunke, ^004 10 00
1 wicker chairc, 3* ; 11 quishions, 18* ; a hamacho, 20*, . . ^002 01 00
2 p' stuffe breeches, 1 coate,» 1 iacket, 30* : a spruce chest, ,
^ ,. o ' ^ ' F >^ 2 05 00
10*; andirons & creeps, 5",
135 « of pewter, at 12** p ", 6. 15* ; a pcell tin ware, 10* : a ,
tr y ¥ y » r , , / 7 10 00
ceil tin ware, lU" ; a ^
L, • • • • • 9 J
smooth* iron, 5* ; iron pestle & mort'
3 iron pots, 1 posnet, & 2 kettles, 2. 5* ; 1 p' andirons, 2 iron
drip* pans, 1 p' pothooks, 2 iron bars, 1* ; ould iron & a J- 7 10 00
foul* peece, 2* 15* ; a copp kettle,
A striped carpet, 6* ; a clock, 1* ; in ould lumber, 5*, . . . ^06 06 00
4 cowes, 20*; an eighth of j-* new mill, 90*, ^1 10 00 00
Div's small things, above y® mill above, ^006 09 00
Maior Gibons, 140* ; Colonell Rainsborow i& his broth', 75. 14*, ^215 14 00
Oth' debts, things sould, & things not herein mentioned j
pticulerly,
{ 054 10 00
620 01 08
The Co'te consented that these indentures should be recorded & kept
• _
amongst the private records of this Co'te.
Upon y* petition of y* inhabitants of Excctter, for their rate & head mony
to be forborne, & y* no act might passe to any of Dover for land at Lampille
River, y* Co'te doth not thinke meete to grant y* first of these requests, but
deny it, & conceive meete they should forthw*** send in their rates to the
Treasurer.
For y* second request y* Co'te will be tender.
Upon J-* petition of William Adis, y* fine of 5* imposed upon William
Barnes by y* Co'te of Salem is remitted.
Wtt^ bridge. Upon y* petition of Watertowne, they have till y* 10^ of y* 7'^ A next
THE MASSACHUSETTS BAY IN NEW ENGLAND. 237
for the building of their bridge, und' j^ form' poenalty in the last Co'te 16 4 7-8.
order. ^~
For asmuch as this Co'te is credibly informed y* y** plague, or like infecco.
greivos [injfectious disease, hath lately exceed*'5^ raged in y* Barbadoes, Chiis-
tophers, & oth' i[slands] in y® West Indies, to y* great depopulate of those,
it is therefore ord^'ed, y' all [our own] or oth' vessels come"^ from any pts of y*
West Indies to Boston harbor *shall stop [and come to an] anchor before they [*200.^^
come at y® Castle, und' y* poenalty of 100*, & tliat no pson comeing in any
vessell from the West Indies shall go a shore in any towne, village, or farme,
or come within foure rods of any oth' pson, but such as belongs to the ves-
sels company y^ hee or shee came in, or any wayes land or convey any goods
brought in any such vessels to any towne, villag*, or farme aforesaid, or any
oth"" place w*^in this iurisdiction, except it be upon some iland where no in-
habitant resides, w'^out licence from y® councell, or some three of them, und'
y** aforesaid poenalty of a hundred pound for ev'y offence.
That no inhabitant, seaman, or other pson whatsoev% reciding w^^in this
iurisdiction, shall go a board any such shipp or vessell comeing from the West
Indies aforesaid, or buy or otherwise take into his possession any goods or
marchandize brought in any such vessell, w***out licence as aforesaid, und' y®
poenalty of 100*, & to be otherwise confined or restrained, as the said coun-
cell, or some three of them, shall appoint ; & to y*^ end y* all psons may
have due information hereof, it is hereby agreed, y' this ord"^ shalbe forthw**^
published, & a coppy thereof sent to y® captaine of y® Castle, togeth' w'**
comission to him to cause ev'y shipp or other vessell, belonging to y« country
or any oth' place, y^ shall come from any pt of the West Indies aforesaid, to
stop & come to an anchor before they shall passe y® Castle, & then send unto
them a coppy of this order, & there cause them to remaine till furth' order
from y® councell, or some three of them, whose counsell is to be taken
therein ; this ord' to continue till this Co'te or the councell of y* comon
wealth shall see cause to repealc y* same.
It is furth' ord'^ed, y* a coppy of this order shall be forthw^ sent to the
sev'all cunstables of ev'y port towne in this iurisdiction, w*** warrant to give
notice thereof^ w*^ all possible speed, to any vessell comeing from y* West
Indies aforesaid, upon y* first vciw thereof, & furth' to see to y® execution of
this ord', according to y** utmost of their ability, & y* y® councell, or some
three of them, shall have pow' to appoint some convenient place, upon some
of y** ilands or oth' fit places, where such psons & goods shalbe sheltered for
a time, & to do any thing of like nature y* shall be necessary for their preser-
vation, & welfare of y« country.
258 THE RECORDS OF THE COLONY OF
1 G 4 7-8. It was voted by the whole Co'te, that Mistick bridge should be made &
^ ~' maintained by the country at the piiblike charge.
March.
Mcstick
bridge.
16 4 8. *At a Genrdl Co'te of Election, at Boston, the Iff* of the 3* M%
[ 201.J [Present,] M' Eiiia : Downing, Edw** Rawson,
Capl W" Hatlionie, ^ W°> Torrey,
M' Rich : Russell, Nicho : Jacob,
Ma : Ro : Sedgwick, Thom : Und'wood,
Ca : Hum : Atherton, Rich : Griffin,
M' John Glover, Micha : Powell,
Ca : Ro : Keayne, Leif I Pike,
James Penn, W"* Estowe,
John Johnson, Thom : SHchell,
Willi : Parks, Maximi : Jewet,
Rich : Browne, Walt' Haynes,
Brian Pendleton, Steph : Kingsly,
M' Edw^ Holyoke, Obcdi : Bruen,
Thomas Layton, Joh : Write,
Edw^ Jackson, Ezdras Reede,
Rich : Jackson, Rob'^t Clement,
Ma : Dani : Denison, Rich : Walker,
Rob't Paine, W'" Furber.
[For persons made free, see the end of the Tolumc.]
JOHN WINTHROPE, Es^, was chosen Gov'no', & tooke his oath.
Thom : Dudley, Es^, was chosen Deputy Gov^', & tooke his oath.
John Endccott, Es^, was chosen an Assi tant, & tooke his oath.
Rich'd BelHngham, Es^, was chosen an Assistant, & tooke his oath.
Rich'd Saltonstall, Es^, was chosen an Assistant, & tooke his oath.
M' John Winthrope, was chosen an Assistant, & tooke his oath.
Increase Nowell was chosen an Assistant, & tooke his oath.
M' Symon Bradstreete was chosen an Assistant, & tooke his oath.
M' Thom : Flint was chosen an Assistant, & tooke his oath. •
M' William Hibbcns was chosen an Assistant, & tooke his oath.
M' Samu : Svmonds was chosen Assistant, & tooke his oath.
Capi Robert Bridges was chosen an Assistant, & tooke his oath.
Harbert Pelham, Es^, was chosen an Assistant.
M' Willi : Pinchon was chosen an Assistant.
John Endccot, Es^, was chosen Maior Gen'all.
Increase Nowell was chosen Secretarv'.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 239
M' Rich'd Russell was chosen Treasurer. 16 4 8.
John Endecott, Esqp, was chosen one of the Comission". ^—'■v^
M' Symon Bradstreete was chosen the oth' Comission'.
Rich'd Bellingham & Thom : Dudly, Esqrs., were chosen for reserves,
in case the comission'* faile.
It is ord'ed, that 50* of the first mony w*** comes into the country by
way of rate or next levy, or else by the impost of wines, may be deliv'ed into
the hands of the Treasurer & Survey' Gen% John Johnson, for y* purchasing
of powd"" therew*^, by y** first oportunity w^** shall ^sent.
Consid'^ing many ships have here arivcd, upon w^** occasion y* powder for
salutations was expended sooner then was expected, it is ordered, that the
survey' gen'all shall dd to James Oliv', of Boston, one barrell of powder, w''**
is to be implied in salutation of ships the yeare next following ; pvidcd the
powder be implied as aforesaid.
It is ord'ed, the coppy of y* lawes in y^ 2 rowles, w*^** were (by ord' of
Co'te) sealed up, w*^ intent that if hereafter any question should arise about
y* coppy now at y® presse, it might be examined by this, whereby y® faithfulnes
of the comittee might be tryed, & that y* oth' coppy (now remaining w'** M'
Hill) should forthw*^ be sent for, for y* use of y* Co'te.
The Co'te doth thankfully acknowledg y* great good service of o'
hono'[ed] Gov', the last yeares service in that place, in the behalfe of the
co[un]try rend' him humble & harty thanks, & desire his love^ acceptan[ce] of
an hundred marks, as a slend' token of their acceptance of his care & paines
in thit place out of y® next levy.
In answere to the petition of Capl Rich'd Davenport, ^c?, Maior Sedg-
w[ick], Capli Willi: Ting, Capi Humfrey Atherton, & John Johnson, the
survey' [ge]n'all, are appointed a comittee, & hereby arc authorished & inabled
to examine, determine, & dispose of all psons, arreres, fines, & things as are
w[ant]ing, as to any 3 of them seemes meete & convenient, & pow' is hereby
given to y® said comittee, or any 3 of them, to levy, by distres, any arreres or
fines from such inliabitants of any of y® said townes, from whom they are or
shalbe due, or otherwise, & forthw'^ to pay it to the said Capl Davenport ; &
pow' is hereby also given to y*' said comittee to impresse men, for y® supply of
y« garrison at y® Castle Hand, out of y* severall ingaged townes, & do whatso- Comittc for th :
eV else, by vertue of y^ coiiiission granted to Lcif? Norton, ^5, might have
bene done, or shall seeme to any 3 of them necessary to be done, in or about
y® ^mises, w*^^ is not already pvided for, till this Co'te take further order.
For explanation & alteration of an ord' renued y^ last Gen'all Co'te, for 716—
exempting o' hono'ed ma^**^ from country & towne rates, as in the *order [*202.]
240
THE BEC0RD3 OF THE COLONr OF
16 4 8.
10 May.
t
Magint' rate
free, exc.
church
charges.
717-
No transpor-
tacd of come.
Nath: New-
gat" fine.
appeareth, w*** respect to the time therein limited, that law is hereby repealed ;
& it is ordered & enacted, by the authority of this Co'te, that all o' hono'ed
magistrates that now are, or hereafter shall be, during the time of their so
being, shalbe exempted from all towne & country rates, the maintenance
to the ministry excepted, for all their estates, till the Co't^ shall take furth'
order.
Upon the petition of the townes men of Newberry : Whereas there is a
^ in the towne, about the choyce of their captaine, for ^venting of further
debate in Co'^te, (w*^^ will occasion expence of much ^cious time,) & to help
on a reconciliation between the now different parties of the towne, they are
wiling to consent to a new election, as aforesaid, so as the towne shall elect
two, of w*^^ this Co^'te may alow one, when they shall thinke fit.
It is ordered, that William Arnold shall have payment of 7* 2% w*** he
disbursed for 31J^ bushels of Indian corne for Pumhome, ^6,»to be paid him in
wampam, or such comodities as he desires, (or may be pcured at reasonable
rates, such as he may not be looser by them,) out of the next country rate, by
the Treasurer ; & the Co'te is thankfuU to him for his care & paines herein.
Whereas a survey hath bene taken of all sorts of come in all the towes
in these pts, it appeares that there is not sufficient for the necessary sustenta-
tion of the inhabitants for two months, & out of this there must be had for
the use of strangers resorting to us, & victualing of ships, {d, it is therefore
ordered, by authority of this Co'te, that no wheate, rye, barly, or Indian corne
shalbe transported into any forraigne parts, upon any ptence or colo' whatso-
ev', before the 12^ of the 6^ A next, (called August;) nor shall any psdnsell
or put aboard any ship or vessell, to the end the same should be transported
to any forraigne pts, any sort of corne aforementioned, upon paine of forfeit-
ing for ev'^y bushell of come so transported, put a board, or sould, contrary to
the intent of this order, 20% one halfe to the publike tresury, & the other
halfe to the informer ; pvided, that this order shall not extend to any come or
graine w*^^, w'**in one month last past, was, or hereafter shalbe, brought into this
iurisdiction, by way of marchandize, nor to any corne now in the hands of
any pson, or his assignes, w*^^, by former contract, made here, or in England,
or else where, bona fide, is to be deliv'ed to any pson or vessell, to be trans*
ported ; but that ev'y such pson may transport all such com, any thing in this
order to the contrary notw'^^standing. This ord' to be fortliw*** published in
Boston, Charles Towne, & so in all other townes of this iurisdiction.
In consideration of Nathani : Newgate his youth, & the respect w*=*» may
be given to his well deserving parents, & in regard that he hath paid 10^ to
the Indians who accused him, & 20" he is to pay Franc5 Smith, for his charges
THE MASSACHUSETTS BAY IN NEW ENGLAND. 241
10 May.
spent in discov'^ing the offence, the remainder of his fine is abated to forty 16 4 8.
shillings.
The Co'te, on a full hearing & examination of all the evidences in the
case between Willi : Paine, of Ipswich, in an action of appeale, pt, against Cap?
Franc Champemoone, defend*, iudge & determine that Willi : Paine is legally
possessed of the 4 oxen, & the execution on them was legally served ; & there-
fore order, that Cap? Charapernoone should pay W"> Paine 4. 8. 6*^ charges.
George Martins petition for the abatem* of the 20* w*^*» his wife was fined Martins wiuea
is refered to the next Co'te at Hampton, to do in it as they shall see cause.
Whereas M' Downings farme, in the way between Linn & Ipswich, is a
convenient place for the r^leife of travellers, its ordered, that M' Downings
tenant shall have liberty to keepe an ordinary, his said tenant being such an
one as the towne *of Salem shall approve for that impliment. [*203.]
Francis Smith, of Beading, hath leave to draw wine, for the refreshing
of travelers & others, he paying excise, as the law law in that case hath
pvided.
Comission is given to M' Symonds to administ' the oath of Assistant to
M' Saltonstall, & to return it to the Secretary.
In answere to the petition of John Dand, the Co'te conceive it meete (on j« Dand.
his acknowledgment hereto annexed, w*'^ if God had bene pleased to bow his
spirit formerly, & have yeilded to, or volentarily made, as now he doth) that
he should be freed from his imprisonment, & his fine is readily remitted him,
to manifest the Co'^ts ready inclination to shew all due incuragment to delin-
quents to confes their errors, & acknowledg the iustice of the Co'ts pceed«*,
rather then put any to such temptation as should eith' dishono' God or wound
their owne consciences, by 'hardening of them selves in their evill courses.
The Co'te hath agreed that 3000 acres of land shalbe granted to M' Joha M' J^ Wen-
throp€« grant.
Winthrop, lunior, of the Pequot land, at Paquatuck, neere to the Narraganset
country : pvided, that if he set not up a considerable salt worke, — we meane
to make one hundred timn p @ of salt, between the two capes of Massachusets Salt work to be
* ^^ made in 3 yean.
Bay, w^in three yeares now next coming, — then this graunt to be voyde;
pvided also, that the said land fall w^in the division of the part of the Pequod
country belonging to this iurisdiction, pvided y* 3000 acres be layd out
togeth' in one place, & the form'^ agreem* w*^ him in the countryes behalfe is
hereby repealed.
In answere to the request of M'^ John Wilson, pasto' of the church of Grant of land
/. ^ _. , _ to M' Wilson &
Boston, & Edw** Rawson, of Newberry, to whom this Co't form^y granted M' Rawson.
1500 acres in the Pequod country, the CVte doth thinke it mecte to have
their 1500 acres layd out next & adioyning to the 3000 acres granted to M'^
VOL. 11. 31
242
THE RECORDS OF THE COLONY OF
16 4 8.
10 May.
M' Rawsons
grant repealed
fordo*.
An* (49).
M' Simond'
grant.
Discouery of
witch.
718-
Mines.
[•204.]
3 men for Bow-
ie.
Saffi Grorton.
John Winthrope, at Pacatuck, neer the Narraganset country, togeth'^ also ; or
in case M' Winthrop perfonne not the condition, w*** respect to the time
limited, that then the 150[0] acres of the said John Wilson & ^dw* Rawson
shalbe of the said 3000 acres granted to the said M' John Winthrop.
M' Samu : Symonds is granted 500 acres of land in the Pequot country,
next adioyning to M' Wilson & M' Rawson : pvided it be of such land as
falls to o' pportion.
The Co'te desire the course w^*^ hath bene taken in England for discov'y
of witches, by watching them a certeine time. It is ord'ed, that the best &
surest way may forthw'^ be put in practice, to begin this night if it may be,
being the 18"* of the 3^ A, & that the husband may be confined to a private
roome, & be also then watched.
For due incuragment of any inhabitant that shall have or find any kind
of mines whatsoev', in any of their owne pprieties, this Co'te thinke it meete
to declare, that the whole benefit of such mines whatsoev'^ are due & belong
to such pprieto" of land wherein such mines shalbe found, to them & their
heires forever, as any part of their lands, mineries, (^, are, paying onely y* ^ pt
of gold & silver, according to o' patent, & no more.
George Dill, upon his owne & his wifes petition, is abated his forfeiture
of 100*, upon y* payment of 8*, in ready mony, to the surveyer gen'all, or
2 barrels of powder.
*M' Samu : Dudley, Capt" Wiggen, & RoVt Clements, have comission to
keepe Co'te in that county, according to ord' of Co'te ; & M' Dudly hath
comission to give oath to the 3 comission's for small causes in the sev'all
townes in the said county of Norfolke.
It is ordered, that the same magistrates that keepe Co'te at Dover should
be desired to keepe Co'^te at Salsberry & Hampton this yeare ensuing.
M' Carleton, Franc Parote, & Mathew Boyse, being lawfully chosen, by
the freemen of Rowly, to end small causes according to law, are confirmed
therein.
Phineas Fiske, of Wennam, is alowed Ucence to draw wine there for
this yeare ensuing.
Edward Faulkner, of Andiver, is granted licence to sell wine there, pay-
ing to the treasury for what he drawes, as others do.
The Co'te doth approve so farr of this bill, as if Hugh GuUison have his
pportionable pt out of the custome of wines, w*** W"> Phihps, to the charge
of the dyet expended by them, w**^ relation to this Co'te : pvided the 50*,
granted for powder, be first deducted, the Co'te conceiveing that iust.
The Courte did consent that Samu : Gorton, now a shipboard, upon the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 243
request of the Earle of Warwick, hath one full wceke after the date hereof 16 4 8.
alowed him, for the transportation of himserlfe & his goods through o"" iuris- ^'"" "^ ~'
10 May.
diction, to the place of his dweling, he demeaning himselfe inoflfencively,
according to the contents of the said Earles letter ; & that the marshall, or
some other, be appointed to shew him a coppy of this order, or to fix it to the
maine mast of the ship, in w^** he is.
The Co'te acquit Elisa : Pinnion of the capitall ofience chargea upon Elix* Pinnion.
her by 2 sev'all inditments for adultery, but agree that shee be severely
whiped for her evill & adulterous behavio' & swearing, appearing by so many
testimonies, first to be whiped at Boston, & again at Linn w^^in one month
after the first whiping is past.
Whereas Hugh Gullison, of Boston, was lately sued at a Quarter Co'te
for 2 buts of wine, w^^ he had in his hand of Rob't Knight, due to the coun-
try for customes of wines, & was cast in the action, & paid 11* more then the
said Rob't Knight, m'^chant, will alow him, its therefore ordered by the author-
ity of this Co'^te, that the said Hugh Gullison shall have the foresaid 11* repaid
him againe by the audito' upon account, together w**» such charge as he was
adiudged to pay by the Quarter Co'te ; & the auditor shall have liberty to
take a due co'se in law for the recov'y of the same of the foresaid RoVt
Knight.
It is ord'ed, that the serieant maiors of ev'y regim* shall forthwith list all 719-
such psons for troopers (to be und' their comaund) as shall willingly give in Troopen.
their names, to serve on horse back, who shall be bound five or six dayes of
exercise every yeare, at such times & places as the maior or the leifl of the
troop shall appoint, und' y* poenalty of 5" for every default, to be distrained
by the clarke of the troope, who shall be sworne to levy all forfeits for non
appearance & defects of armes, as the clarks of the foote companies are ; &
all troupers shall be furnished w'** horse, bridle, & saddle sufficient, w'** sword ^
belt, & a case of pistols, w*** hoist" or a carbine in a belt, (at the appointm*
of the maior, & to be alowed by him,) w*^ one pound of powder & 20 bul-
lets, or otherwise *to forfeite 10* for every defect, unles the maior see cause [*205.]
to mitti[gate] or respit y* fine ; & it is also ordered, that all other defects or
delinquencies] of the troupers, in the time of their exercise & while they are
under commaund, shall be punishable by the two cheife officers of the troupe,
& distrained by the clarke, as they are in their foote companies ; & no trouper
once listed shall have liberty to w***draw himselfe from service w^out the
alowance of the maior, but shalbe alwayes ready to attend all service, he
shall be comaunded by authority ; & for the incuragment of this service this
Co'te doth grant to every trouper that is or shalbe furnished as is exfssed in
244 THE REC0RD3 OF THE COLONY OP
16 4 8. this order^ 1. Exemption from training in all foote companies & cunstables
^""^ ^ ^^ watches ; *
10 May.
2. Freedome from rates for pson & horse ;
8. Free comonage for their horse in any of y* townes comons where he
inhabits^ & in any comon where they are exercised during the time of their
exercise ; 4. Five shillings yearly, to be paid him by y* Treasurer ;
5. Liberty to choose a leiftenant & other inferio' officers ;
6. His horse shall not be pressed to any other service ;
7. Free ferriage to & from their places of exercise or service, w®** shall
be part of the rent of those ferries vi^^ pay rent to the country ; but such
as pay no rent shall be paid this rent by the country for the space of three
yeares onely, except the Co'te shall further confirme it.
720— Upon certeine information given to this Gen'all Co'te that there is no
Naponset fer- ferry kept over Naponset Ryver, between Dorchest' & Braintree, whereby all
lie.
that are to passe that way are forced to head the river, to the great preiudice
of townes that are in those parts, & that there appeares no man that will
keepe it, unlesse he may be accomodated w*** house, land^ & a boate, at the
charge of the country, its therefore ordered, by the authority of this Cote,
that M' John Glover shall, & hereby hath full power given him, eith' to
graunt it td any pson or psoiis for the tearme of seaven yeares, so it be not
any way chargable to the country, or else to take it himselfe, & his heires, as
his owne inheritance forever ; pvided, that it be kept in such a place, & at
such a price, as may be most convenient for the country & pleasing to the
Generall Courte.
fiO«toM»\rms- It is ordered by the whole Courte, that the Treasurer, M' Russell, Capl
low.
Keayne, & James Penn shall take order to retume 50* to M' Winslow, at
London, & to have pow' to engage the country for the same, & for such inter-
est as they shall agree upon ; & the same to be satisfied out of the next rate,
in such townes, & in such payment, (brought in by the said rate,) as them-
selves shall make choyce of ; & this is over & above the 50* formerly assigned
him by M' Treasurer.
Trea8«acc«. It is ordered by this Cote, that the audito' gen'^all & Cap^ Ting shall
721— take the Treasurers account once ev'y yeare, & ^sent the same to this Co'te
the first session of the Courte of Elections yearely, & that they shall take the
account of the f^ent Treasurer for the time past before the next session of
722— this psent Co'te, that so it may appeare, from time to time, what is in the
Coffiiss. of t» treasury, or what we are indebted. It is also ordered, that the comission" for
■end transc to
th : audit'. the rates in every sheire shall, w***in one month after their sheire meeting, send
into the audito"" gen'all a true transcript of the rates of the sev'all townes
THE MASSACHUSETTS BAY IN NEW ENGLAND. 245
w*^in such sheire, who shall deliv' them over to the Treasurer to be collect, as 1 6 4 8.
by the former order for that end established. • ^ ~'
*The Governo', Deputy Gov'n', M' Bellingham, M' Hibbens, M' Symonds, t^oaa i
Cap? Hathorne, Cap? Keayne, Cap? Athertou, the Survey' Gen'all, & M' Jack- ^^-. ^^^ ^j^ .
son are appointed a coinittee to ioyne to puse the articles of o' confederation ^^^^^ of con-
. ^ federacO.
w*** the United Colonies, as also the acts that have passed the comission" w*'**
may seeme eith' to confound y* pow' of o' Gen'all Co'te, or so interfere w"» it
as may in a short time prove not onely piuditiall, but exceedingly uncomfort-
able, & in the examination thereof, what they shall find of that nature to take
notice of it, & to draw up what remedies they can thinke of, w*** such argu-
ments as may be pvalent w*^ all whom it may conceme to be as ready as
o'selues to rectify what is or shall be found amisse, that o' posterity may have
no cause to blame us for uniting o'selues in such a way as is feared doth not
now, nor is like to answere the ends of the colonies hereafter ; & what the
maior part of this coinittee shall determine, according to this order, to psent it
by o' coraission's to the rest of the commission" of the United Colonies, that so
this Co'te may receive a satisfactory answere from them accordingly, to the next
session of this Gen'all Co'te, after the meeting of the comission" ; & farth', this
Co'te refers M' Eatons lett' to their consid'ation, & give them pow' to retume
answere thereto ; & the day of meeting to be the last 4*** day of the 4^ A next.
Forasmuch as it appeares to this Co'te, upon the petition of M' John Tomsons
Thomson, sonn & heire of David Thomson, deceased, that the said David, in
or about the yeare 1626, did take actuall possession of an iland in the Massa-
chusets Bay, called Thomsons Iland, & being then vacuum domicilium, &
before the patent granted to us of the Massachusets Bay, & did erect there
the forme of an habitation, & dying soone after, leaving the petition' an infiaint,
who, so soone as he came to age, did make his claime formerly, & now againe,
by his said petition, this Co'te, consid'ing the premises, & not wiling to deprive
any of their lawfull right & possession, or to pmit any ^iudice to come to the
petition' in the time of his non age, do hereby graun^ the said iland, called
Thomsons Hand, to the said John Thomson & his heires forever, to belong
to this iurisdiction, & to be und' the gov'nment & lawes thereof.
Edmond Rice, Edmond Goodenow, & Willi : Browne are appointed to
end small causes in Sudbury. M' Peter Noyce is to see people ioyne in mar-
riage there.
Eebecca Hall, of Salsberry, is referred to Hampton Co'te about the house
& land sould by her.
It is ordered, that John Scot shall serve his m' so long time, when his
time shall come forth, as shalbe well worth 35% or satisfy his said m', Lau-
rence Southwick, otherwise.
246 THE RECORDS OF THE COLONY OF
164 8. Upon the petition of the towne of Salsberry, the Co'te conceive it meete
~ ^ ~ that the little iland in Merrimack be reserved for the countryes use, & the
lla d to g^^^^t^r iland to be given to the towne of Salsberry, reserving a sufficient high
Saisbury. way for passage of men & cattle, & that the towne may have liberty to keepe
a ferry on their side.
Comitteeabty* M' Audito' & M' Hill to examine the lawes now at presse, & to see if
lawes.
any materiall law be not put in or mentioned in the table as being of force, &
to make supply of them.
In answere to the two petitions of Mary & Willi : Pond, we conceive
that if administration be not already taken, that forthw*** it be, as also an
inventory pduced to the next Q'ter or County Co'te, that so the estate may be
settleed so as may be for the comfort & peace of the widow & children.
It is ordered, that Capl Keayne shall have the 30* he layd out to M' Fen-
wick (w*^ upon examination we find to be due to him) out of the next coun-
try rate.
Gr. to J» Ted The Co'te thinke it not convenient to alter the ordinary course of satis-
for M' Young.
faction for adventures, but that John Ted shall take his 100 acres in consid'a-
tion of the adventure of M' Rich'd Yonge, where it may be layd out for
reasonable conveniency, according to ord' of this Co'te.
722- For the better support of the goverment of this comonwealth, & the
Wines. maintenance of fortifications for the ptecting & safeguarding of o' coastes &
harbo% for o'selues & oth's that come to trade w*** us, it is ordered by this
[*207.] Co'te, & the authority thereof, that ev'^y pson, marchant, seaman, *or other,
that shall bring wines into any of o' harbo", in any shipp or vessell what-
soev', (except they come directly from England, as their first port,) before
*
they land any of the said wines, more or lesse, shall first make entry of as
many butts, pipes, or other vessels, as they, or any of them, shall put on
shore, by a note under their hands, delivered to the officer, at his house, who
is to receive the customes, upon paine of forfeituire & confiscation of all such
wines as are landed before such entry made, whatsoever found, the one halfe to
the country, the other halfe to the officer ; & the marchants, or owners of such
wines of any kind, as soonc as he lands them, shall deliver & pay unto the
said officer what is due for custome of them, according to this order, in wine,
according to the ^portion of the goodncs of the pcell that is brought in, as the
officer & the owner can agree, to the contentm* & satisfaction of the said
officer, or else the owner & officer to nominate a third man, who shall put a
finall price betweene them, in point of valuation of the wines for customes ;
but if they cannot agree, on notice from the officer to the Treasurer for the
time being, he shall determine the price thereof; &, being so ordered, the
officer & marchant shall accept thereof; & it is further ordered, that he that
THE iMAS3ACHU3ETT3 BAY IN NEW ENGLAND. 247
10 May.
is the cheife officer to receive such customes shall have under him a deputy or 1 6 4 8t
deputies, who shall be as searchers or wait's in sev"'all places, to take up such
wines, by the cheife officers appointment, & to take notice of what is landed
in any place, that the country be not defrauded ; & these to have such due
recompence as the cheife officer, in his discretion, shall agree w*^ them for,
either by the butt or pipe, or by the yeare, all wines to pay customes accord-
ing to these rates following, vizj : for ev'y but or pipe of Fyall wines, or any
oth' wines of those westeme ilands, five shillings ; for every pipe of Medera
wines, six shillings & eight pence ; for ev'y pipe or butt of sherrys sack, Mal-
ego, or Canary wines, tenn shillings ; for muskadels, malmsies, & oth' wines
from the Straights, ten shillings ; for bastards tents, & allegants, tenn shil-
lings, & proportionably for greater or lesser vessels of each kind ; for every
hogshead of French wines, 2. 6**, & pportionably for greater or lesser vessels ;
& for better recov'^ing of any such customes of wines, or forfeitures for not
entering according to this order, & for refusing of pajTn* of such customes to
the satisfaction of the officer, it is further ord'ed, that the said officer hath
hereby power, & is required to go into all houses & ccUers where he knoweth
or suspecteth any wine to be, & from time to time shall seize upon such wines
as are not entered according to this order, & also seize upon & take possession
of so much wines as to make payment of what custome is due, according to
entryes made, & is refused or neglected to be paid, in due manner, according
to this order ; & all cunstables & other officers are hereby required to assist &
ayde the officer in the discharge of his duty, & helping to breake open the
houses or cellers, if the owners of such wines shall refuse to open their dores,
or deliv' their keyes in a peaceable way ; & any smith, carter, owner of boate,
porter, or other, that shalbe required by the officer to put to their hand, to
help & assist in taking, loading, & transporting such wines, for the use of the
country, & shall refuse or neglect such service, for due huire, shall forfeit *to r*208.1
the comon treasury tenn shillings, to be levyed by the cunstable, on the war-
rant of any one magistrate ; & all debts due unto the country for custome of
wines, where wines are not to be found, they are to be recovered by way of
action, according to a course of law, as in other cases ; & this order to be in
force to recover customes from all those that have landed wines in this iuiis-
diction already, & not paid custome.
The Voyage, in Thirds, between M' W°> Ting, M' Vail : Hill, & M' Thorn :
Gainer, in y* Plant'.
Debt' to goods shipt at Mederes, & charges p'*, . . . . 721 3 07 i^ The shipp
To goods shipt at Maries, & cliarges, 115 17 8^^
248 THE RECORDS OF THE COLONY OF
10 May.
16 4 8. To goods shipt at Mighils^ & charges, 019 14 6
To goods shipt at Treceres, & charges, ^038 16 Ti
To goods shipt at Fyall, & charges, ^026 00 IJ
To i^vision at sev'all places for sallery, y061 07 10^-
To frait or huire of ship 11 J A, 150* p A, 1762 10 00
So much alowed M' Gainer for ^sents, 0025 00 00
2770 10 05
Credito', by sales & frait at Mede, 1051 16 8}
Frait of M' Davison, y0091 16
By ffrait of Marca Letoon, ^045 10
By ffrait of Henry Rashly, yOlO 10
By ballance of y* auditors ace*, M' Gainer to alow, . . . 239 18 7^-
By sales of goods at sev'^all ports, 585 7 11^-
By sales of goods at Xfers, 055
2079 18 07
Rests to balance, . . 0690 11 10
2770 10 05
The Cote, consid'ing the accounts & differences betwixt M' Gain', Capl
Ting, & M' Hill, concerning y* late voyage of y* ship Planter, do conceive this
ace*, agree* w*** an ace* under 4 auditors hands herew**', may be alowed, w*^^
these additions, viaj : —
That y* gtn's be allowed, for impvem* of pt of y* cargo, kyd ^ .
out for y* ship, ^5, & lose of time, S
Item, to y* said ptn's one pipe of wine more then is mentioned ^
in the account,
R, they are to receive of Paul Alistry, * . y004 07 6
I?, the ships comp* is to alow for 3 pipes of wine, not de- > ^^^ ^ ^^
. . i y027 00 00
liv'ed out of the ship, J
Further, it is conceived equall when M' Richbell & M' Rashly have
their wines dd to them, that then all y* wines, linnen, cloth, & y* rest of y*
cargo, togeth' w*** y* frait, rec** & to be rec**, & not alowed in this ace*, shalbe
devided in equall portions amongst y* said ffraight's.
The Co^'te hath voted that Capl Ting & M' Hill shall beare forty shillings
of the charge of the Co'te, while the case hath bene in hearing.
The Co^'te doth also conceive, that M' John Richbell & M' Henry Rashly
should forthw"* have dd to them 18 full pipes of wine, of those that were
i yoo9 00 00
THE MASSACHUSETTS BAY IN NEW ENGLAND. 249
engaged to them by M' Gainer, vizj, M' Richbell is to have 12, & M' Rashly 16 4 8.
6 pipes. T — '
It is ordered by this Co'te, that what fraight M' Richbell & M' Rashly ^^ ^■^'
shall pay to M' Ting or M' Ilill, they shalbe discharged against M' Gainer.
The Co'te is adioumed to the 18^** of the 8*** A, at noone.
*jlt a Session of the Gerfall CoHe^ at Boston, the 18^ of the 8^ is October.
M% 1648. [*209.]
t"yPON the petition of the shewmakers of Boston, & upon consideration 723—
J of the complaints w*^^ have bene made of the damage w^** the country Shoomakers
incorporate.
sustaines by occasion of bad ware made by some of that trade, for redresse
hereof, it is ordered, & the Co''te doth hereby grant liberty & power to Rich'd
Webbe, James Everell, Rob't Turner, Edmond Jackson, & the rest of the
shewmakers inhabiting, & housekeepers, in the towne of Boston, or the greater
number of them, (upon due notice given to the rest,) to assemble & meete
togeth' in Boston, at such time & times as they shall appoint ; who being so
assembled, they, or the greater number of them, shall have power to choose a
master & two wardens, w*** foure or six associats, a clarke, a scaler, .a searcher,
& a beadle, w^ such other officers as they shall find necessary ; & these officers
& minist's shall be chosen as aforesaid ev'y yeare, or oftner, in case of death,
or departure out of the iurisdiction, or removeall for default, ^6, w** offic's &
minisi's shall each of them take an oath, suitable to his place, before the
Gov'no% or one of the magistrates, the same being ^scribed or alowed by this
Co'te ; & the said shcwmak*'s, so assembled as before, or at any oth'^ meeting
or assembly, to be appointed from time to time, by the m' & wardens, or the
m', or wardens, w*^ two of the associats, shall have pow' to make ord" for the
well governing of their company, in the managing of their trade, & all the
aflaires thereunto belonging, & to change & reformc the same as occasion shall
require, & to annex reasonable pocnalties for breach of the same : provided,
that none of their said orders, nor any alteration therein, shall be of force
before they shall have bene puscd & alowed by the Co'te of that county, or
by the Co'te of Assistants ; and for the better executing of such orders, the
said m', wardens, or any two of them, w'** four or six associats, or any
I three of them, shall have power to heare & deteimine all ofienccs against any
of their said ord's, & may inflict the pccnalties pscribed as aforesaid, & assease
:;' fines to the value of forty shillings, or under, for one offence, & the clarke
shall give wari'ant in writing to the beadle, to levy the same, who shall
VOL. II. 32
250 THE RECOHDS OF THE COLONY OP
16 4 8. have pow' thereupon to levy the same by distresse, as is used in other cases ;
~ ^ "^ and all the said fines & forfeitures shall be implied to the benefit of the said
18 October. /» 1 1 • no n 1 • /•
company ot shewmakers m gen''all, & to no other use ; & upon complamt of
the said m' & wardens, or their atturny or advocate, in the County Co'te, of
any pson or psons, who shall use the arte or trade of a shewmaker, or any pt
j thereof, not being appved by the officers of the said shewmakers, to be a suf-
ficient workman, the said Co'te shall have pow' to send for such psons, &
[•210.1 suppresse them ; *provided, that the priority of their graunt shall not give them
precedency of other companies that may hereafter be granted ; but that point
to be determined by this Co'te, when there shalbc occasion thereof; provided
alwayes, tliat no unlawfull combination be made at any time, by the said com-
, pany of shewmakers^ for inhauncing the prices of shewes, bootes, or wages,
whereby either their owne people or strangers may suflJer; provided also,
that in cases of difficulty, the said officers & associats do not pceed to deter-
mine the cause, but w"* the advice of the ludges of that county ; provided, that
no shewmaker shall refuse to make shewes for any inhabitant, at reasonable
rates, of their owne leather, for the use of themselues & families onely, if they
be required thereunto.
Provided, lastly, that if any pson shall find himselfe greived, by excessive
fines, or other illegall pceedings of the said officers, he may complaine thereof
at the next Co'te of that county, who may heare & determine the cause ; this
comission to continue & be of force for three yeares, & no longer, except this
Courte shall see cause to continue the same.
724_ Upon the petition of the cowpers, inhabiting in Boston & Charlstowne,
Coopers incor- & upon consideration of many complaintes made of the greate damage the
country hath sustained by occasion of defective & insufficient caske, for re-
dresse hereof, —
It is ordered, & the Co'te doth hereby graunt liberty & power to Thomas
Venner, John Mileham, Samuell Bidfeild, James Mattuck, Willi: Cutter,
Bartholo : Barlow, & the rest of the cowpers of Boston & Charlestowne, or
the greater number of them, (upon due notice given to the rest,) to meets
together, & to appoint a certeine time & place, to w*^^ they shall call together
all the cowpers, being housekeepers, & inhabiting w'**in this iurisdiction, who
being so assembled, they, or the greater number of them, shall have power to
choose a m' & two wardens, foure or six ass ^ , a clarke, a gager, a sealer, ,
a packer, a searcher, & a beadle, w'** such other officers as they shall find
necessary, & these officers & ministers shalbe chosen, as aforesaid, every yeare,
or oftner, in case of death, or departure out of the iurisdiction, or removeall
for default, {d ; w^*> officers & ministers shall, each of them, take an oath.
THE MASSACHUSETTS BAY IN NEW ENGLAND.
251
suitable to his place, before the Governo', or some of the magistrats, the same
being ^scribed, or alowed, by this Co*'te ; & the said cowpers, so assembled,
as before, or at any other meeting or assembly, to be appointed from time to
time, by the m' and wardens, or the m' or wardens, w"» two of the associats,
shall have power to make orders for the well ordering of their company,
in the managing of their trade, & all the affaiies thereunto belonging, & to
change & reforme the same, as occasion shall require, & to annex reasonable
pcenantyes for breach of the same :
Provided, that none of their said orders, nor any alteration therein, shalbe
in force before they shall have bene pused & alowed by the Co'te of that
coimty where they shall be made, or by the Co'te of Assistants.
*And for the better executing of such orders, the said m', wardens, or
any two of them, w*** four or six associats, or any three of them, shall have
power to heare & determine all offences against any of their said orders, &
may inflict the pocnalties ^scribed as aforesaid, & assease fines to the value of
forty shillings or under for one offence ; & the clarke shall give warrant in
writing to the beadle to levy the same, who shall have power thereupon to
levy the same by distresse, as is used in other cases ; and all the said fines &
forfeitures shall be implied to the benefit of the said company of cowpers, &
to no other use ; and upon complaint of the said m' & wardens, or their
attumy or advocate, in the County Co'te, of any pson or psons who shall use
the arte or trade of a cowper, or any pt thereof, not being appved by the
officers of the said cowpers to be a sufficient workman, the said Co'te shall
have power to send for such psons, & suppresse them. Provided, alwayes,
that no unlawfuU combination be made at any time by the said company of
cowpers for inhancing the prices of caske or wages, whereby either our owne
people or strangers may suffer. Pvided, also, that in cases of difficulty the
said officers and associats do not pceed to determine the cause but w*^ the
advice of the iudges of that county, where the said cause doth first arise.
Provided, that the priority of their grant shall not give them precedency
of other companies that may hereafter be granted, but that point to be deter-
mined by this Co'te when the [re] shalbe occasion thereof.
Provided, lastly, that if any pson shall find himselfc greived [by] exces-
sive fines or other illegall pceedings of the said officers, he may complaine
thereof at the next Co'te of the county, who may heare & determine the
cause.
This comission to continue & be of force for the space of three yeares, &
no longer, except this Courte shall see cause to continue the same.
Whereas the keeping of sheope tends much to the benefit of the coun-
1648.
18 October.
[•211. J
'25-
25^
THE RECORDS OF THE COLONY OF
1648.
18 October.
Sheepe.
[*212.]
Tfingam
726-
Woolues.
727-
Hounds.
try> & may make a good supply in short time towards the cloathing thereof
if they were carefully preserved, and for as much as all places are not fit [or]
convenient for that end, it is therefore ordered, that [hencejforth it shall be
lawfuU for any man to keepe sheope in [any] comon, be it for cowes, oxen, ^5,
belonging to the towne where he lives, or where at that time he may have
right [to] comon, & that w^^out any limitation in comons not stinted ; & in
such comons that are stinted it shall be lawfuU for any inhabitant to keepe
any or all his ppor[tion] in sheope, accounting five sheope to one great beast ;
and it is further ordered, that if any pson shall co[urse] w^** a dog, or other-
wise molest such sheope by driving *from their feeding, he shall pay five
shillings for ev'y ofience, besides double damages ; & if any dog shall kill any
sheope, the owner shall either hang his dog forthwith or pay double damages
for the sheope ; if the dog hath bene scene to course or bite any sheope
before, not being set on, & his owner hath had notice thereof, then he shall
both hang his dog & pay for the sheope ; if in such case he refuse to hang his
dog, then the cunstable of the said towne shall forthwith cause it to be done.
Upon the petition of the souldiers of Hingham, it is ordered, that
Bozoon Allen shall be leiftenant there, & Josua Hubbert ensigne.
Upon the petition of Robert Engals for recompence for his fathers death,
w®^ he saith was by the insufficiency of Linn bridge, the Co'te doth order,
that a warrant be sent to the marshall of Salem to wame an able iury (none
of them to be of Linn) to inquire of the death of the said Engals, & to cer-
tify to the next Co'te of Assistants, ^6 ; the iury to be swome by Cap?
Bridges.
It is ordered, & by the authority of this Courte enacted, that every
inhabitant, English or Indian, within this iurisdiction, that shall kill any
wolfe or wolues, makeing good pufe to the cunstables of the towne where
such wolfe is killed, bringing of their heads, w*^** the cunstable is to bury, if
any English shall kill any, he shall be alowed thirty shillings at the least by
the cunstable of such townes for the time being, ten shilling whereof the
Treasurer, in the next levy that issues out of that towne to the countiy, he
shall alow to the cunstable ; & for every Indian that shall kill any wolfe shall
be alowed twenty shillings, ten shillings whereof shalbe alowed by the Treas-
urer, as before, back againe to the cunstable, as aforesaid.
This law to be of force for foure yeares.
It is ordered, that the select men of every towne shall & hereby have
power given them to purchase or pcure of the townes stock so many hounds
as they thinke meete, & to impose the keeping of them on such as they thinke
fitest, that so all meanes may be impved for the destruction of wolves, and
18 October.
THE MASSAOnUSKTTS BAY IN NEW ENGLAND. 253
that no other dogs shall be kept in any towne but such as the select men shall 1648.
see meete : no magistrat® is to have any hound imposed upon him, nor any
dog taken from him, without his consent.
*This Courte, being informed of great misdemeano' comitted by Edward [*213.]
Starbuck, of Dover, w'^ pfession of Anabaptistry, fd, for w^^ he is to be ^^ Anabap*.
pceeded against at the next Co'te of Assistants, if evidence cann be p>pared by
that time, & it being very farr for witnesses to travell to Boston, at that season
of the yeare, —
It is therefore ordered by this Courte, that the Secretary shall give coiiiis-
sion to Capl Thomas Wiggen & M"" George Smith to send for such persons as
they shall have notice to be able to testify in the said (^use, & to take their
testimonies upon oath, & certify the same to the Secretary so soone as may be,
that further pceeding may be therein, as the cause shall require.
Whereas there hath bene lately a petition prefered to this Co'te by the 728—
vintners of Boston & Charles Towne, wherein they exf^ssed their desires for Vintncn.
an abatement upon the imposition of the Courte layd upon such as sell wine
by retayle in Charles Towne & Boston aforesaid, or else that they may come
to a comix)sition for what they shall so sell, the Courte, upon debate amongst
themselues, & conference had with the petitioners, have concluded & agreed as
foUoweth : that whatsoever is due to the country from them, or any or either
of them, for seling of wine, or licenses so to do, unto this day, shall be duely
paid, & full satisfaction made ; and for the future, we further make this agree-
ment & composition w^ all the vintners now licensed : they shall pay, from
yeare to yeare, for their licenses & liberties to sell wine, & imposition layd
thereof, the full sume of one hundred & sixty pound p annum, currant pay,
to be paid by the vintners aforesaid unto the Treasurer for the time being, the
one halfe at the expiration of six months next ensuing, & the other halfe at a
yeares end, & so to continue the payment of the aforesaid sume of 160* in the
forme before expressed, for the tearme of five yeares now next following, they
seling wines at such rates as they are now sould for. Also, its further ordered,
that no pson or psons whatsoever, inhabiting w^Mn the townes above men-
tioned, shall from henceforth have any liberty to sell any wine by retailc : but
such as are already licensed, untill the tearme of five yeares be expired, the
said vintners shall give bond to the Treasurer, wherein they shalbe bound,
ioyntly & severally, for the true payment of the 160* yearely, according to the
said order of composition; & Capl Keayne & James *Penn are chosen a [*214.]
comittce to confirme o' graimt to the vintn's, after the Co'te is broken up, if
need of any further & more be desired. Dated 27**" 8*** A, 1648.
Whereas a composition hath bene made between this ^sent Co^'te & the
18 October.
264 THE RECORDS OF THE COLONY OF
164 8. vintn's licensed to retailc wines in the townes of Boston & Cliarles Towne, for
five yearca to come, by w''' the said vintners are to pay yearely to the treasury
one hundred & sixty pound, aa by the order of composition appeares, —
Now, for the better enabling of the said vintn''s to pay the said composi-
tion, & that neither they nor the country may be wronged by other persons
retailing wines without license, or any satisfaction to the publike, —
It is ordered by this Cote, that, for the better recovery of the poenalty
imposed upon such offenders by the former lawe, & for the better discovery of
the same, it shall be lawful! to the siud vintners of Boston & Charles Towne
to choose two raeete psons, one for Boston & the other for Charles Towne,
who, being alowed under the hand of any two of the magistrates, shall have
power from time to time to enter into the houses of all such psons in the said
townes as they shall suspect to retayle wines contrary to lawe, & to wame such
psons as they shall find there drinking, or lately to have drunke wine there, to
go forthw"" before some ma""*, to be examined upon oath concerning the same,
& upon due testimony, such ma*™" shall send for the pson so found to have
retailed any wine, & bind him over (w*" sureties, if he see cause) to the next
Cote, there to be pceeded w"" according to lawe, &, being found guilty, the
said pcenalty of five pound, by law appointed, shall forthwith be levyed, with-
out any remission or mittigation. And upon information given to any ma"*"
at any time, by either of the said psons so alowed to search, or by any of the
said vintn'^s, of any psons so retailing wine, contrary to law, & of any persons
who are supposed to be able to testiiy thereof, such ma"*" shall send for such
pson & witnesses, & pceed therein, as before.
RatCTofeome. ^^ i^ ordered, that all sorts of corne which shall be paid in the country
rate shalbe paid at these rates & prizes following, videlicet : wfieate and barly
at five shillings p bushell ; rj'e & pease at foure shillings p bushel! ; Indian at
three shillings p bushell. This order shall not conceme the prizes of any
corne other then what is paid in for rates.
[•215.] •Whereas M" Bebecca Hall, of Salsberry, ^erred a petition to this hon-
M" HiiL Qfg^ Co'te, for the confirmation of the sale of some lands left her by her hus-
band, deceased, & this hono'ed Co'te refered the answere thereof to the Cote
at Hampton, w"* she being ignorant of, & therefore nothing was done, humbly
desires that the answere to her former petition may be answered at the next
Co'te at Salsberry.
Ed ; Morop Upon the petition of Edmond Mores, that this Cote would be pleased
»y M-'jn* (on tlic condition of the payia' of the sume agreed upon to the execute's &
LowIm. overseers of John Lowie, deceased, or such of them as the Cote shall approve,
as giuirdions to the children, the inheritance of the said lands sould him, w*"
mm
THE MASSACHUSETTS BAY IN NEW ENGLAND. 255
liberties mentioned in the sale) to confirme to them, w*** petition the Co'tc 1648.
doth graunt. t — '
A question arising about the interpretation of a clause in a law, made 42, 7o<L-
about tryall of actions, {6, vizj, whether a psonall action, as for battery, ^5,- acco in forr.
ariseini? upon an act comited in England, & the parties come both into this P^'^*
iurisdiction, whether, by law, we are barred from trying the action of battery follow y p^on,
in this iurisdiction, the Co'te hath voted that we are not barred by that lawe, ^^^ y^ ^^^
because a personall action foUoweth the pson, & from the pson onely the cause "•
of the action ariseth.
The Answere of the Co'te concerning Cambridge Petition, & the Castle.
The last order of Co'te, concerning the Castle, about three yeares since, 730-
appointed a garrison of twenty men in sumer & tenn men in winter, besides CmUc.
the captaine & gunner, w^** charges amounteth to two hundred & eighty
pounds p @, at eighty pound sallery for the capl & gunnel", & twelue pound
p @ for the souldiers ; one hundred & fiftye to be paid by the country, the
remainder by' the five townes, vizJ, Boston, fifty-two poimds ; Roxberry, fif-
teen pound twelue shillings ; Dorchester, twenty pound ; Cambridge, twenty
pounds ; Charles Towne, twenty pound : but we are informed, that by reason
of the small alowance to souldiers, the Castle hath seldome or never bene sup-
plied w**^ the full number before mentioned, & many times w**^ unmeete &
xmserviceable men, &, however the townes are willing to continue the former
contributions, according *to their pportions, yet are not able to supply men, [*216.]
according to their first undertaking, without inlarging their contributions, w^**
would be too heavy a burthen, at least to some of them ; we therefore thinke
that a garrison of tenn men a weeke, from the 10'** of the 2** month till the
10*** of the 8'** month, & six men a weeke in the other six months, may be
sufficient ; pvided, that upon an alarum given by the Castle, viasj, by shoot-
ing of two great gims, & fireing a beacon, & hoysing & lowering the flag, or
any two of the said signes, the councell of the comon wealth, or in their
absence the Govern', or any ma*****, or in their absence the cheife millitary
officer then in Boston, shall forthw*** send forty men, sufficiently armed, {d, for
defence of the said Castle, till further order be taken. And to the end that
the Castle may be constantly furnished w^ the aforesaid garrison of ten men
in the suiiier & six men in the winf, we thinke meete that every souldier
shall have alowed him eight shillings a weeke, & such as cannot be huired by
the captaine of the Castle, for the said alowance of 8' p weeke, he, the said
captaine, shall have power, by warrant from the Govemo' for the time being,
or any two ma*™**, to presse meete men for the aforesaid service, & the capl
18 October.
256 THE RECORDS OF THE COLONY OP
16 4 8* shall take care to employ the said souldiers foure houres in a day, either in
repairing or ading to the fortification of the said iland^ as in his discretion he
shall thinke meete.
And whereas there wilbe in this way about forty pound p @ charges
lessened, we conceive it meete that Cambridge shalbe abated five pound six-
teen shillings p @, Roxberry twenty-foure bushels of Indian come, the
country to have the benefit of the rest, w*** will be neere thirty pound p @,
the other three townes continuing their former contributions.
731- The Co^'te doth thinke that the millitary officers & souldiers should have
Mmtarie offi- jj] ^^q incuragment in the pformance of their offices & services, as well as
cen encou'.
some relaxations of their paines & charges, & therefore have agreed that the
[*217.] regiment under Maior Gibons shall meete & exercise together the next *yeare,
that under Maior Sedgwick the next yeare after, & that regiment under Maior
Denison the third yeare, so that every yeare one regiment onely shall so meete
& exercise together, & that every yeare, that regiment that shall so meete &
exercise, the maior thereof for the time being shall have twenty pound alowed
him out of the treasury, to defray his charges.
732— Upon the petition of Linn, for an yearly contribution toward their bridge,
Lin. bridge. the Court doth consent to alow them thirty shillings p @ towards the mainte-
nance of it.
Wmj fr6 Redd. Upon the petition of Mistick side men, it is ordered, that Thomas Line,
lunior, & M' Joseph Hill shall be ioyned w"* the former comittee to take a
new survey of the most convenient place for the way from Reding to Winnet-
semet, & to make certificate of their ap^hensions thereabout.
Upon the petition of Cap? Rob't Keayne, M' Rich'd Browne, & M'
Rich'd Parker, for power to veiw & lay out their severall pportions of land,
& according as their lotts fell, in some place w**'out the bounds of Dedham
line, if it be there to be had, & Edward Jackson, w^ some other surveyer that
they can get, to lay out the same.
Grant to Cap* The lands formerly granted to Capl Keayne, (for himselfe & those whose
' ' lands he purchased,) M' Rich : Browne, M' Parker, Willi : Denison, Willi :
Parke, & John Johnson, are ordered to be layd out in the place whereabouts
the bridge should be built, over Ipswich Ryver, between Andover & Reding,
they offering, at their owne charge, ^sently to build the bridge, if no farmes
be layd out thereupon already ; if there should, the country should be freed, &
the own^'s of the land should be lyable to build the bridge.
G» to M' Pel-
ham, &s, an* Upon the petition of Harbert Pelham, Es^, he haveing put in fifty pound
^* ^*^® ^^' adventure in the comon stocke, & M' Walgrave as much, the Co'te doth grant
3*1 p* 308.
■■
THE MASSACHUSETTS BAY IN NEW ENGLAND. 257
M' Pelhani -tOO acres of laud for himselfe, & 400 acres for the heires or as- 16 4 8.
bignes of M' Thorn : Walgrave. ~ ^ ~^"
r , . . - 1, /. r • . 1 1® October.
Upon the petition of Boston, for two faires in the yeare, they are granted ^^^
thein, tlie one to be the first third day of the third month, & the other the Fayrcs «t B.
first third day of tlie 8'** month, to continue for two or three dayes together.
To the petition of M'* Elisa: Cole it is answered, *this petitioner haveing [*218.]
received a satisfactory answere, upon her former petition, for the restorcing
M" Cole.
her said deed to its due force & efficacy, w*"^ her selfe acknowledgeth, tliis
Co'te hath no more to do, especially the petition' not haveing used any
iudeavo' to reape the benefit of the said order, by psecutiug upon her said
deed, as shee ought & pretended to do ; & whereas she ptends the absence of
her brother. Franc Doughty, ^, this Co'te will indeavo"^ to pcure his returne
to Boston, to answere her, {S, if she will put in good security to pay such
charges & damages as shall be iudged against her, if the cause, upon hearing,
shall passe against her.
Whereas it is found by experience, that a greate quantity of wine is sjjent, 734—
& much thereof abused to excesse of drinking & unto druukeiincs it selfe, not-
w^^'standing all the hoalsome laM'es pvided & published for the pventing there-
of, w*** tendeth much to the dishono' of God, the discredit of the gospell, to
the shame of the country, & much ofiencive to all godly people amongst
o'selues, & such as are in confederation w'** us, & much to be feared, if not
speedily ^vented, it will bring some stroake of (Jods heavy hand upon us, it is
therefore ordered, that if any i)son, who is bv tliis Co'te alowed to sell wine or ,.. ,
' -f * ' " \intnera «
beere, shall, from tliis time forward, conceale in his house any pson that shall ▼ictuailen.
be found drunken, & shall not forthw^ pcure a cunstable, whereby such a
drunken pson may be brought before some ma*'***, to the end he may receive
condigne punishmS lin the interim the said vintner or drawer of beere to stay
the pson until! tEe cimstable shall come ; & in case the vintner or drawer of
beere shall not forthwith attend the execution of tliis order, he sliall forfeit to
the use of the country five pound for every such default. And hereby it is
declared tliat the power of each ma*™** is further ratified, & their utmost care
therein is further desired, that as oft as they see mcete, to comaund a cunstable
to accompany them, by day or by night, to enter into any taverne or victualing
house to search out any such disorders as aforesaid, & finding any such pson or
or psons, to imprison them, or put them into the stocks, according as he shall
see cause.
Upon the petition of Stephen Fosditch, that his land may be disingaged St : Fosditch.
five poimds, being otherwise well satisfied, w*** is granted.
•Upon the petition of Dedham for Eleazer Lusher to be their captaine, [*219.]
VOL. II. 33
258
m
THE RECORDS OF THE COLONY OF
16 4 8.
18 October.
Toppsfeild.
Bo : Saltonst :
Dorchester.
735-
Wine to Ind'.
W: Arnold.
M : Oliuer.
No shooting on
L. daj.
Josua Fisher their leiftenant, & Henry Philips their ensigne, their petition is
granted.
The village at the newe medowes at Ipswich is named Toppesfeild.
In answere to the petition of M' Rob't Saltonstall, he is at liberty to sue
for his land as he desires, & if Dover men, ^5, have damnified him, he may
sue for recompence ; for except he had mentioned the order of this Co'te in
his piudice we cannot take notice of any. -
For the writing he speaks of in David Sellicks hand, if he will not
pduce it, the petition' may compell him to it by course of law ; & when it is
pduced, this Co'te will consider of it.
Upon the petition of Dorchester, for some iland insteed of Tompsons
Iland, the Co^'te is wiling to answer their petition when the towne ^ents that
w^ is fit to be given.
Upon the petition of M' Eliot, the Co'te agreed & ordered, that none in
Boston shall sell limine to the Indians but Willi : Philips, upon paine of twenty
shillings for every offence, to be heard & determined by any ma*"**, as in the
case of drunkennes.
Thomas Underwood, the deputy of Hingham, in consid'ation of his urgent
occasions, is dismissed.
Upon the request of the towlie of Woobume, Leif ? Johnson is appointed
to see people ioyne in marriage, for one yeare.
Upon the request of the inhabitants of Andover, Math : Boyse, of Eowly,
[Henry] Shorte, of Newberry, Ensigne Howlet, of Ipswich, & John Osgood,
of Andover, these, or any three of them, to set out the high wayes, £rom
Andover to Newberry, from Andover to Rowly, & from Andover to Ipswich.
Willi : Arnold, upon his severall bils, & for his owne charges, is alowed
eight pound seaventeen shillings & three pence, as p pticulers appeareth.
It is ordered, that John Webster should have order to the marshall to
demaund, & if not satisfied to levy, five pound four shillings of the inhab*
itants of Pascataq. Ryver.
Upon the petition of Mary Oliver, the wife of Thom : 01iv% the Co'te is
not willing to remit the fine of term pound, but would take some good tryall
of her upon her ^sent submission & pmise, & therefore is willing that her
fine be respited for the levying of it, untill this Co'te shall give further order
therein.
The m' of the Dutch ship made four shot in o' harbo', the last Lords
day, after sunn set, whereby he hath forfeted forty shillings p shott ; but in
regard he is a stranger, & no man in his ship can speake Inglish, nor any
course hath formerly, or now was taken, to give him notice of the law, the
■•■■HHH^HHHM^^^H^^M^BBMHa^H^H^BHHK^I^iV^IHMWaB^HMBBBHiWl^iV
18 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 259
C6''te thinke fit that the pocnalty for the ^ent offence be remitted to forty 16 4 8.
shillings, & some course taken for glveing notice to strangers of the said
order, & other of like kind, hereafter.
It is ordered, that the audito' should signe the bill of charges of fourteen »
pound sixteen shillings & eleven pence, to be paid by the Treasurer out of the
country rate.
*Upon the ];>etition of John Hayden, the Co'te voted, he should have five [*220.]
pound given him by the countrv^, to be paid by the audito' gen'all, out of the
revenues that comes to us for the imposition of wines.
Upon the petition of Rachell Levins, that the pcell of land sould by her M : Stebbin*
confirmacd.
husband, John Levins, to JIartin Stebbin, & by Martin Stebbin to Rich'd
Gardner, & no writing, may be confirmed to the said Martin & Rich : Gardner,
& his heires, w*^** is granted.
Upon the petition of John Endecot, Es^^, for the 550 a5 of land granted ^' ^nd»«>^ *
oth' grant.
unto him, & 250 a6 granted Capl W°* Hathome, & 250 acres granted Cap?
Traske, may be layd out by order of this Co'te.
It is ord'ed, that the three lots above mentioned shalbe layd out by Leifl
Walker & Serieant Marshall, of Eeding.
Upon the petition of Christopher Clarke, his fine, for shooting in the
night, is remitted.
For the better earning on the occasions of 'the Generall Co^'te, & to the
end that the records of the same, together w*** what shall be^ ^sented by way
of petition, {6, or passes by way of vote, either amongst the magistrates or-
deputies, may hereafter be more exactly recorded, & kept for publike use, « —
It is hereby ordered, that as there is a secretary amongst the magistrates,
(who is the gen'all officer of the coinon wealth, for the keeping the pubhke fo/ocn'^Cor*.
records of the same,) so there shall be a clarke amongst the deputies, to be
chosen by them, from time to time ; that (by the Co'te of Elections, and then
the officers to begin their entryes, & their recorapence accordingly) there be
provided, by the audito', four large paper books, in folio, bound up with velum
& pastboard, two whereof to be delivered to the secretary, & two to the clarke
of the House of Deputies, one to be a ioumall to each of them, the other for the
faire entry of all lawes, acts, & orders, {6, that shall passe the magistrates &
deputies, that of the secretaries to be the publike record of the country, that of
the clarkes to be a booke onely of coppies.
That the secretary & clarke for the deputies shall breifly enter into their
iournals, respectively, the titles of all bills, orders, lawes, petitions, fd, w^
shalbe Rented & read amongst them, what are referd to comittecft, & what are
voted negatively or affirmatively, & so for •any addition or alteration. [*221.]
260 THE RECORDS OF THE COLONY OF
16 4 8. That all bills, kwes, petitions, (6, w*^*» shaibe last concluded amongst the
* ~ magistrats, shall remaine w^ the Governer till the latter end of that sessions,
18 October.
& such as are last assented to by the deputies shall remaine w*'* the speaker
till the said time, when the whole Co'te shall meete together, or a comittee of
magistrates & deputies, to consider what hath passed that sessions, where the
secretary & clarke shall be ^ent, & by their ioumals call for such bils, ^5, as
hath passed eith' house, & such as shall appeare to have passed the magistrates
& deputies shall be delivered to the secretary to record, who shall record the
same w***in one month after every sessions, w«^ being done, the clarke of the
deputies shall have liberty, for one month- after, to transcribe the same into his
booke ; & such bills, orders, ^, that hath onely passed the magistrates, shall
be deliv^'ed to the secretary to keepe upon file, & such as have onely passed
the deputies shaibe delivered to their clarke to be kept upon file, in like man-
Written lawes. ner, or otherwise disposed of, as the whole Co'te shall appoint ; that all lawes,
orders, & acts of Co'^te, contained in the ould bookes, that are of force, & not
ordered to be printed, be transcribed in some alphabetical! or methodical! way,
by direction of some comittee that this Co'te shall please to appoint, & deliv'ed
to the secretary to record in the first place, in the said booke of records, &
then the acts of the other sessions in order accordingly, & a coppy of all to be
transcribed by the clarke of the deputies, as aforesaid.
Peee. That the secretary be alowed, for his paines, twenty marke p @, & the
clarke of the deputies ten pound p @, to be paid out of the treasury, till the
Cote shall appoint their recompence by fees, or otherwise.
27 octob«. 27" 8** M'.
Impost of wine Forasmuch as, upon expience, we find some inconveniences that arise in
farm*.
geting in & gathering up the customs of wine as it hath hitherto bene carried
on, & that we are wiling to avoyde offence as much as may be, the Co'te,
upon some debate, hath agreed, upon that consideration of the sume of one
hundred & twenty pound p @ that is to be given by Maior Sedgwick & M'
737- Russell, the custome of wines shaibe confirmed to them, & power given unto
them for recovery of the same, w*^ said 120* p @ shaibe paid to the capl and
garrison at the Castle as a pt of that w^^ the country is ingaged to pay unto
them. This they are to have the tearme of foure yeares.
Lin Upon the petition of the inhabitants of Linn, the Co'te doth retume
[*222.] this answere : It doth conceive, according to that *w*** the lawe interprets,
*•'"" that by publike rates, taxes, ^6, are ment rates, levies, or asseasm** of the
comon wealth, & not of towne or church.
^■•***- It is ordered, that the Treasurer for the time being sliall, from time to
THE MASSACHUSETTS BAY IN NEW ENGLAND. 261
time^ pay unto the cap?, gunner, & souldiers of .the Castle their severall pen- 16 4 8.
sions due unto them at the day of payment out of the first rates that shall ~ r-""*^
1 n ^ t* 111111 •/*•■ 27 October.
come into the treasury, & before any oth' debts shalbe satisfied. ^y.^ ^,^
In answere to the petition of Edury Bayly, widow, the Co'te doth con- ^^^'^y-
ceive, that it wilbe most agreeable to the will of Bayly, & for an equall co'se
between the widow Bayly & her child or children, that the forty six pound be
satisfied as a debt to the child, & that the rest of the estate be disposed, i to
the mother & the oth' § to the child, to remaine in the moth" hands for the
education of the child untill it come to 21, but the childs two pts of the
remaining estate to be to the child at 14, & the mother to give security for
pformance hereof; pvided, tliat the petition' shall give in security to Hal-
steeds executo" to be accountable for the said 46* given to the w***in men-
tioned Joseph Bayly.
It is voted, for tryall untill the next Co^'te, that all passable or payable Peage.
peage henceforth shalbe intire, w"*out breaches, both the white & black, w***out
deforming spots, sutably strung in eight knowne peels — the peny, S**, 12**,
5", in white ; the 2\ 6^ 2^", & 10% in black.
The Co'^te, haveing taken into their serious consid'^ation the great for- G» to M' E«:
wardnes & readines of M' Edw* Kawson to advance so hopefull a designe as Reapcled.
the makeing of salt peter w*^in this iurisdiction, who for that end & purpose
hath disbursed certein monyes, to his great losse & damage, psented to us at
large in his petition deliv'ed into this ^sent Co^'te, have therefore, in consid'a-
tion of the*^mises, & answere to his said petition, given & granted to him &
his heires 500 a6 of land at Pequot, to be layd out by the appointm* of the
Co'te, as also five pound, to be paid him out of the treasury.
Whereas, by sad expience, it is found very burthensome unto this Co'te
that many petitions of inconsid'able concemm* are in ev'y Co'te ^sented, w^**
occasion much expence of time, & tend greatly to the exhausting the estate
of the country, — 739—
It is hereby ordered, that all petitions w*^^ are of a comon & ordinary na- PetiSons.
ture, the petition' shall, on the deliv'y thereof, pay unto the secretary or clarke
where the same shall be deUv'ed two shillings six pence for each petition.
And all petitions for abatements of fines or mittigation *of ofiences shall [*223.]
pay unto the secretary or clarke, on delivery thereof, ten shillings ; & all
petitions for gratuities shall pay, as in former mann' is ex^ssed, ten shilUngs ;
& all petitions that conceme controversies betwixt pson & pson, towne &
towne, shall pay term shillings ; & also all petitions for debts betwixte pty &
jpty, brought from Quarter Co'ts, or that conceme appeales, shall p«iy ten
shillings, besides the charges of the Co'te borne, as by the former order is
262
THE REC0RD3 OF THE COLONY OP
740-
Fcrrie md.
M' Pocock.
M» Shcrley.
Jos : Armitage
Fines of
D. & Bull.
[*224.]
F. of
B. &H.
741-
Mestick bridge.
provided for ; and all oth' petitions, of what nature soever, to pay according to
these ^positions. Neverthelesse, it is hereby ord'ed & declared, that all such
petitions that conceme any ingagment tliat shalbe betwixt the country & any
credito' is hereby exempted, & that any magistrate or deputy of this Co'te may
psent any petition wherein his owne psonall right is concemd, paym* excepted,
and that there shalbe a true entry made by the secretary' of the number of peti-
tions that shalbe delivered to the magistrates, & that the like shalbe done of
all petitions that shalbe delivered unto the deputies ,• & all such fees as are
pduced by such petitions shalbe received or secured by the secretary or clarke,
& discounted in pt of their annuall alowance given unto them by the Co'te,
on consid'^ations cx^sscd in the order that concerncs their impliment ; & this
shall take place, & be in force, at the first session of the next Generall Co'te.
For pventing the ferrimens damage, by psons not paying, ^5, it shall be
lawfull for any ferriman to demand & receive his due, before his boate put of
from shore, nor shall he be bound to passe over any that shall not give satis-
. faction; & any ferriman may refuse any wampam, not stringed or unmar-
chantable, & such psons (whether horse or foote) w*^^ are passage free by order
of Co'te must shew some thing sufficient for their discharge, or else must pay,
as oth" do, except magistrats & deputies, ^, who are gen'ally knowne to
be free.
It is ord'ed, by the full Co'^te, that the bookes of lawes, now at the presse,
may be sould in quires, at three shillings the booke ; pvided that every mem-
ber of this Co'te shall have one w***out price, & the audito' gen'all, & M'
Joseph Hill, for w*^ there shalbe 50 in all so disposed, by appointm* of this
Co'te.
M"^ Pocock his fifty pound to be paid to his agent here in come, if he will
accept it ; if not, some coui*se to be taken by the Treasurer to pay it . in Eng-
land, if he can ; the like course to be taken for the paym* of M"^ Sherly.
Joseph Armitage is agreed w'** for this yeare for liberty to sell wine, for
twenty nobles.
The townes of Dorchester & Hull, being defective in sending in their
comission", & furnishing them w*^ sufficient instructions for makeing the
country rate, their fines, *specified in the order concerning rates, are abated
unto five shillings a towne.
The townes of Braintree & Hingham, being defective in sending in their
coinission" for making their country rate, their fines, specified in the order
concerning rates, are abated to fortye shillings a peece.
In the case of Mistick bridge, M' Davison being sent for, the evidence he
can give being heard & examined, w** the records of the Gen'^all Co'te, it
THE MASSACHUSETTS BAY IN NEW ENGLAND. . 263
appeares^ that though the Generall Co'te hath engaged for an exemption of 16 4 8.
rates for that yeare, & finish the same on their charge, yr^^ accordingly hath ""■ v-"'"-'
27 Octobcp*
bene pformed^ but it appeares not in the least that the Generall Co^'te did
engage to the repaiiing thereof, the Co'te, being satisfied w'*^ the records, do
order, that the said Mistick bridge henceforth shall not, by the country, any
way be repaired, & that the passage for travellers shall be over the foarde w*^*^
is above the bridg® ; & further, for the ^venting future charges about bridges & 742-
high wayes, it is ordered, that all bridges & highwayes, in the limitts of the Bridges.
severall towneships, that now are or hereafter shalbe made by the severall
townes, in whose limits such bridges & highwayes ai'e, be by them repaired,
made, & maintained.
The iland called Lovels Hand is given unto the inhabitants of Charles Loniis lUnd to
Towne, & their heires & successors forever ; pvided, that halfe of the timber
& fire wood shall belong to the garrison at the Castle, to be impved wholly
there. This was ord'ed w*** consent of the deputies of Charles Towne.
For answere to Pumhoms petition, it is ord'ed, that when the season shall Pamhom.
be fiting, comission^'s shalbe sent to heare & examine the matters of this peti-
tion, & to make certificate thereof, so as the Co'te may pceed to determine the
same according to iustice, w*** is the rather to be done because the other pty
have complained to the comission" lately of great iniuries & damages sustained
by them, from the petitioner & his men.
It is ordered, that the servants of Hugh GuUison shalbe alowed from the
Treasurer, for their attendance, twenty shillings ; & so also is the Uke sume of
twenty shillings alowed to be paid to the servants of W™ Philips, for their at-
tendance on o' honored magistrates.
M' Saltonstall & JI' Symons, being fined fifty shillings a peece for their
absence from the Co'te, upon their reasonable excuses their fines were
taken of.
*
Maior Gibons, haveing some wines aboard the Dutch ship, desireing he Lib. to land
may have leave to land so many as want triming, & take them aboard againe
w***out paying custome, w*'** is granted.
*It was left to the Co'te of Assistants (if they shall see cause) to appoint [*226.]
a day of thanksgiving throughout the colony. Thank«giving.
It was voted, that in the booke of lawes, title Appeales, in the last line
save one, " iust " to be entered next before " charges," & the audito' gen'all
to see it entered in ev'y booke.
The Resolutions of the Co'te, concerning some ^positions made to the Gen'^all Rwiol, touch.
Co'ts of all the United Colonies.
Ppo. 1, pa. 17. Forasmuch as a meeting is intended w*^ the Dutch, in the
37 October.
264 THE RECORDS OF THE COLONY OF
16 4 8. 4**^ A next, for ending differences & setteling trade, (5, it is thought expedient
to deferr any determination about this pposition untill the result of that meet-
ing shall appeare, & then the Co'te shall know better how to proceede.
Pposi. 2. 17. In case where, for want of agreement of six comissioners,
the matter shalbe referred to the foure Gen'^all Co'tes.
It is the mind of this Co'te, concuring w*** the desire of the comission",
that the agreem* of any three of the Gen'^all Co'tes shall determine the ques-
tion.
This Co'te will consider further of this.
Ppo. 3. 24. This consisting of many branches, & the Co'te not hayeing
time to consider their owne lawes & practise in this case, have referred it to a
committee to examine, ^5, & certify the next Co'te.
?Ppo. 4. 24. It appeares in the booke of the acts of the comission", foL
^ , that M' Fenwick should ioyne w*** us in ruiiing that south line, to de-
cide the question about Woronoco, ^6, but M' Fenwick Styled to send any to
ioyne w*** us, whereupon we did it at o' owne charge ; & Woronoco was there-
upon ordered, by the comission", to the Massachusets ; but we shall be ready
to ioyne w*** o' brethren of Conectecot in a newe survey, so as they will be at
the whole charge, in this, as we were in the other, & w^'^ pduce their patent,
as we have done.
i^po. 5. 25. This Co'^te consents to this pposition for alowing two Indians,
each of them as ^ ^ C^> upon confidence of M' Eliots good assurance of
the faithfulnes of these two Indians, so as the order be drawne up as an act of
this Co^, {d.
The Courte have chosen the Govemo', Cap? Keayne, Cap? Atherton, &
Maior Denison to be a comittee, they, or any three of them, to pforme this,
the GovV being one.
[Page 226 left blank.]
1 6-4 9. M^ a Generall Co'te of Election, at Boston^ the 2* of Oe 3* M%
— ^^^ 1649.
2 May.
[*227.] Deputies, this Courte.
Ca : W™ Hathome, Ca : Bo : Keayne,
Henry Bartholmew, James Penn,
Maior Ro : Sedgwick, Ca : Hugh Prichard,
M' FranS WiUoughby, Willi : Parkes,
M' John Glover, Eich'd Browne,
Thom : Jones, Ephraim Child,
THE MASSACHUSETTS BAY IN NEW ENGLAND.
26
Thorn : T<ayton,
W°» Estowe,
1649.
Cap : Dani : Gookin,
Hum : Beyner,
Edw* Jackson,
Edmond Goodenow,
2 May.
Ca : Dani : Denison,
Ca : W"» Ting,
Robert Paine,
Samu: Basse,
Edward Bawson,
Obedi : Bruen,
Leif 1 W^ Tory,
Leif t Edw<i Johnson,
Nichp: Jacobs,
Willi : Fiske,
John Beale,
Rob^'t Clements,
Cap? Sym : WilM,
Rich'd Walker,
Antho : Fisher,
John Johnson.
Lei« Eo : Pike,
[For those made free this Court, see lists of freemen at the end of this volume.]
JOHN ENDECOT, Esqp, was chosen Govern', & tooke his oath to dis-
charge the same place for this y" ensuing.
Thomas Dudley, Esqp, was chosen Deputy Gov'n', & tooke the oath to
that place belonging.
Bich'd Bellingham, Esqp, was chosen an Assistant, & tooke his oath.
Bich'd Saltonstall, Es^, was chosen Assistant, & tooke his oath.
William Pinchin, genl^ was chosen an Assistant, & tooke his oath.
John Winthrope, luni :, geni, was chosen an Assistant, and ^
Harbert Polham, Es^, was chosen an Assistant, and ^
Symon Bradstreete, geni, was chosen an Assistant, and took his oath.
Increase Nowell was chosen an Assistant, and tooke his oath.
William Hibbens was chosen an Assistant, and tooke his oath.
M' Thomas Flint was chosen an Assistant, & tooke his oath.
M' Samuell Symonds wais chosen an Assistant, & tooke his oath.
Capl Bobt Bridges was chosen an Assistant, & tooke his oath
Maior Edw** Gibons is chosen Maior Gen'all, & tooke his oath.
M' Symon Bradstreete was chosen one of the Comissioners for this yeare.
Thomas Dudley, Esqp, Deputy Gov'no', was chosen the oth' Comission'
for this yeare.
John Endecot, Esqp, o' ^sent Gov'no', & Eich : Bellingham, Esqp, were
chosen reserves.
Increase Nowell was chosen Secretary.
M"^ Rich'd Russell was chosen Treasurer.
The petition of Salem, for removeall of the high way and landing place,
from the head of the Basse Ryver to Drapers Point, is granted.
In answerc to the petition of George Carr, the Co'te doth conceive it
meete that the petitioner shall have the free use of Ram Hand, so long as he
VOL. 11. 34
266 THE RECORDS OF THE COLONY OF
2Biay.
16 4 9. doth or shall diligently attend & serve the country, in keeping of the ferry
between Salsberry & Newberry ; & liberty is granted him, as occasion shall
psent, to fetch any passingers from Newberry side, & M' CoflEm hath liberty to
fetch any passingers also from Salsberry side, as occasion shalbe, that so the
country may surely be served.
Upon the petition of Willi : Browne, for the 200 acres (due for the sum
of 25*, put into the ioynt stock by M" Ann Harvye) to be granted him without
the west line of Sudbury, to be layd out by Capl WiUard & Serieant Wheeler,
to him being approved to have sufficient deputation fro™ his aunt.
[*228.] *For explanation of the order of the last Co'te, upon the petition of
Ed : Bayle. Edney Bayley, & in answere to the petition of Ezechiell Northin, her prtsent
husband, exhibited to this Co'te, & for a finall determination of the case, it is
ordered, that the 46* given to the child or children of Edney Bayly, by Willi :
Halsteed, shall remaine in the hands of Ezech : Northin, husband to the said
Edney, till Joseph Bayly, sonne of. Eich'd Bayly, deceased, shall attaine the
age of 21 yeares, & then so much thereof to be paid to the said Joseph, as
the will of the said Willi : Halsteed, the donor thereof, doth appoint, & that
the said Josephs pojtion, out of the fath" estate, shall be 41*, w^ is two third
parts of the said estate, w^^ some of 41* shall also remaine in the hands of the
said Ezechi : Northin, till the said Joseph shall attaine the age of 14 yeares ;
pvided, that the said Ez* Northin give sufficient security to y« next Co'te, to be
houlden at Ipswich, for the well educating of the said Joseph Bayly, till he
shall attaine the age of 21 yeares, & for the paying of the said legacy & por-
tion, as formerly is exprest.
Marble Head. Upon the petition of the inhabitants of Marble Head^ for them to be a
towne of them selues ; Salem haveing granted them to be a towne of them-
selues, & appointed them the boimds of their towne, w*^ the Co'te doth
graunt.
743— At the request of the county of Norfolk, it is ordered, that the constant
Norfolk. dayes for the keeping their County Co'te from henceforth, for Salsberry, from
yeare to yeare, shall begin the second Tewsday in Aprill, & at Hampton
yearely the first third day in October ; & for this yeare, Bich'd Bellingham,
Es^, & M' Samu : Symonds shall keepe Co'tes there, w*^ Capl Thomas Wiggen,
M' Samu : Dudley, & M' Rott Clements, as associats, to ioyne w"* them.
Leif» Tore, 4'. JJie Co'te, finding that Leifl Tory was implied as clarke the last session
of the Generall Co'te, to frame to the House of Deputies their bils, & tran-
scribe fairely the ord's of that yeare in their booke, (w*^ he hath done,) should
have meete & iust recompence for his paines, agreed that he should be alowed
THE MASSACHUSETTS BAY IN NEW ENGLAND. ^67
out of the treasury 4*, as satis&ction for his paines^ out of the next country 16 4 9.
levy, from the towne of Waymoth. "^""^ ~'
2 Mat
In answere to Charles Towne petition, wee understand, by Leifl Sprage & >^AA_
Thorn : Line, then deputies of the Co'te, that the comon granted* to Mistick jjeadf farme
furme, by order of Co'te, was meerely for prevention of trespasing on Charles Pt>'c<> of
111 1 '-i^ __* comon.
Towne bounds, do alowe the said fiurme comon for 15 head of cattle, on the
back side of Mistick j&rme, so long as the said land of Charles Towne, lying
on the back side of Mistick farme, lye in comon, & no longer.
Questions ppounded by the Maior Grenerall touching his Office.
First. Whether it be transgression of order to spend part of 1, 2, or 3
of those days mentioned in the comission, in fortification, & to discipline their
men that way ?
An. We conceive the 8 dayes exercise is to be spent in the exercise of Militarie.
armes, w** dayes we conceive fewe enough for that purpose, so many being
taken of for gen'all traineings ; but leave it to the wisdome of the maior gen-
erall to improve his company 1 or 2 dayes about fortification, in Boston
onely. «
*2. Who is the councell I must repaire to, for power to issue out war- r*229.]
rants, for the calling of two regiments together ?
An. The coimcell of the comon wealth.
3. What shall be accoimted sufficient publishing the lawes made in time
of warr?
An. In the head of the army, then gathered together in the feilde.
4. Whether these may not be, for explanation, inserted into the comission
for the maior generall ?
An. Wee conceive it not necessary.
1. In ansiyere to the first pposition: What should be done, in ca[se] six
of the comission" of the United Colonies agree not wheth' the matter should
be determined by three Generall Co'tes, or foxire ?
An. To this we answere, that this Co'te will consid' further of this ppo-
sition.
2. In answere to the 2*^ ^position, about the Dutch laying imposition
upon marchants ?
An. To this we answere, the Dutch Govemo', as we are informod, hath
taken of all imposition layd upon marchants there, w^** if he shall continue,
we conceive there needs no provision for our owne indempnity.
3. In answere to the 3 proposition, that the Massachusets & Conecte-
268 THE RECORDS OP THE COLONY OF
2 May.
1 6 4 9. cot should agree upon some equall way for the ruuing of the Massachusets
line?
An. It appeares in the booke of the acts of the comission's^ fol. 20, that
M' Fenwick should ioyne w*** us in runing that south line, to decide the ques-
tion about Woronoco, {d ; but M' Fenwick failed to send in any to ioyne w***
us; whereupon we did it at o' owne charge, & Woronoco was thereupon
ordered by the comission's to the Massachusets; but we shall be ready to
ioyne w*** o' breth'n of Conectecot in a new survey, so as they will be at the
whole charge in this, as we were in the other, &, w***all, pduce their patent,
as we have done.
4. In answere to the question about the probate of wills, & granting let-
ters of administration?
An. Wee agree & fully assent to the desire of the comission^, pvided
th[at] the sev'^all Gen'^all Co'tes of the rest of the- colonies consent thereunto,
& make orders accordingly.
2 gnns gr. to 5^ fo the 5"* pposition, of alowing two guns unto two Indians, w*^ two
pound of powder, & six pound of shot, yearely?
^ An. The Co'te, confiding upon M' Eliots good assurance of the faithful-
ne[s] of the Indians, do grant it, w^^ those limitations ppounded by the comis-
sion's.
Whereas, upon examination, it appeares unto this Co'te that it is neces-
P^Soofpowd'. sary that there should be some addition made to a stock of powder, &
other amunition, to secure o'selves against an enemy, & thereupon have taken
care that a supply may be made, wee thinke it is meet & convenient that the
rest of the colonies w*** whom we are in confed'ation, & from whom we should
expect assistance, in case occasion call us thereunto, according to articles of
agreement, should also be pvided according to their pportion : this Co'te doth
therefore desire o' hono'ed comission" would be pleased to take it isto their
serious considerations, & accordingly to psecute the same, at the next meeting
of y^ comission's, that so the rest of the colonies may be pvided for as we
are, & expect to be.
The Answere of the Co'te concerning Springfeild.
Springfdld. Wee thinke it mecte that o' comission's, at their next meeting, be mind-
full to presse what arguments & reasons they can for the reversion of the last
order of the comission" concerning Springfeild, & amongst other, these in
speciall :
1. That the comission^'s of Conectecot pduced no patent or exemplification
thereof, or any ord' of their owne Co'te for their custome they require of
Springfeild.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 269
2 May.
[♦230.]
*2. They had no evidence of any ffort at all in being at the ryvers mouthy 16 49
as we are informed.
3. By a clause in the comission's ord', July, 1647, when they first
determined against Springfeild, pa : 111, they pvided, that the said imposi-
tion should be continued no longer then the fort in question was maintained,
& the passage thereby secured, as at that ^sent ; yet, after the said fort was
demolished by fire, & no security of the passage, pvided the comission's con-
firmed their former order at tho^Jast meeting.
Whereas the comission's for the United Colonies have thought it but iust
& equall that Springfeild, a member of this iurisdiction, should pay custome
or contribution to the erecting & maintaining of Seabrooke ffort, being of no
force against an enemy of any considerable strength, (before it was burnt,) in
the comission'^s owne iudgment, exprest in their owne ord', pag : 109^ w**
determination against Springfeild they have also continued by an ord' at their
last meeting at Flimoth, (though the said ffort was then demolished by fire, &
the passage not secxired,) contrary to a clause in their order pvided on Spring- •
feilds behalfe, pag : 111 ;
And forasmuch as this iurisdiction hath expended many thousand pounds
in erecting & maintaining sev'all forts, w^^ oth" (as well as o'selues) have
received the benefit of, & have at ^sent one principall fort or Castle of good
force against an enemy of considerable strength, well garrisoned, & otherwise
furnished w**^ sufficient amunition, besides sev'all other forts & batteries,
whereby vessels & goods of all sorts are secured ; —
It is therefore ordered by this Co'te, & the authority thereof, that all 745-
goods belonging or appertaining to any inhabitant of the iurisdictions of Plim- Custome of
goods.
oth, Conectecott, or Newe Haven, that shalbe imported w^in the Castle, or
exported from any part of the Bay, shall pay such custome as hereafter is
exprest, vizj : —
All skins of beaver, otter, mouse, & beare, 2* p skin ; & all oth' goods
packt up in hogsheads, or otherwise, lO* p timn ; meale & come, of all sorts,
2* p bushell ; bisket, 6** p c** ; & it is furth' ord'ed, that all such skins &
oth' goods ais shalbe imported or exported as aforesaid, shall be duely entered
w*^ the audito' gen'all, & the custome thereof paid or deposited before any
part of the said goods be eith' sould, shipt, landed, or oth'wise disposed of,
under the poenalty of forfeiting the said goods not so entered, or the due
value thereof.
And if any inhabitant of this iurisdiction, or stranger, shall buy any of
the forementioned goods belonging or any wayes appertaining to any of the
270 'tHB REC0RD3 OP THE COLONY OP
2 May.
16 4 9. inhabitants of Plimoth^ Conectecott, or Newehaven aforesaid, imported to any
oth' part of o' iurisdiction, or shall sell or deliv' to any such inhabitant any
oth' goods in any pt of the Bay w^out the Castle, he shall enter the said
goods w^ the audito^ gen'all, & pay or deposit for the same afi;er the same
mann' & pportion, & und' the same pcenalty, as is pvided for goods^ ^,
brought w^4n the Castle ; this ord' to take place the first day of the next
month.
And the audito' gen'all is hereby appoiii^d & authorished to take care
for the execution of this ord'^ in all the pticulers thereof, eith'^ by himselfe or
by his deputy or deputies.
746- In answere to the petition of the towne of Springfeild ^concerning a
L '^«>1«J composition for the country rates, —
SpringfeilcL ^ « • .
It is ordered, that the towne of Springfeild may be exempted from ordi-
nary country rates for the space of six yeares, paying to the Treasurer £Dr the
time being the yearely sume of 15^ & that 10^ may be alowed them out of*
their first yeares paym^ towards the building of the bridges mentioned in the
petition.
Whereas the surveyer gen'all, on some encouragments, lent one barrell &
a halfe of .the countryes store of powd' to the artilery officers of Boston, con-
ditionally, if the Gen'^all Co'te did Bot alowe it to them as a gift to spend at
the fun^all of o' late honored Gov'n^ they should repay it, the powd' being
spent on the occasion abovesaid, the Co'te doth thinke meete that the powd*"
so delivered should nev' be required againe, & thankfully acknowledg Bostons
great, worthy, due love & respects to the late hono'ed GovV, w** they mani-
fested in solemnizing his fun^all, whom wee accompted worthy of all hono^
M' Rawiioii to On a motion of the surveyer generall that the barrell of powder in the
powd». ' yeares 1640 or 41 delivered to Edw* Bawson for the towne of Newberry,
being impved partly to sev'all psons implied on the publike service of the*
country about the Indian designes, by vertue of warrants fro™ the councell &-
• ord" of this Co^te, & the rest sould & wasted, might be determined by this
Cote to be satisfied for, the Co'te iudge it meete, that Edw* Bawson should*
onely satisfy y* survey' gen'all 5* for y* barrell ; & the towne of Newberry &
himselfe is hereby discharged therefronu
2 barr. pow. The Co'te, however it hath bene & is loath to discourage such as are in
authority in the sev'all regim^, as maiors, who are the principle office's, in that
respect, & rath' for ]^nt choose to alow the maior gen'all & Maior Sedgwick
the two barrels of powder w**, at their last meeting, was lent imto them, then
to require it of them againe, yet iudgeth it meete to declare, that it is not
safe, nor will they henceforth countenance any psons whatsoever, to lend to
THE MASSACHUSETTS BAY IN NEW ENGLAND. 271
any psou ought of the countryes store that an order of this Gen'all Courte 1 6 4 9.
doth not approve of or require. J
The Co'te doth redily consent^ that the survey' gen'all should have 10* Smey gen».
alowed him out of the next country rate^ as a recompence for his service.
At the request of the towne of Braintree^ Cap? W™ Ting, Samu : Basse,
& Stephen Kingsly are appointed to end small causes there accord' to lawe,
for this yeare.
It is ord'ed, that the execution'. Thorn: Bell, shall be exempted fro"
watchings.
M' Bellingham, M' Nowell, M' Hill, & Edw* Bawson are appointed a
comittee to examine the pubUke writings received fro™ the form' Gov'n', &
put them in order fitingly ; & they are to do it w***in 5 weeks.
M' Nowell, Capl Keayne, & Cap? Ting are appointed a comittee to take
the Treasurers account & audito' gen'alls between this & the next session of
this Courte, make* retume thereof to this Co'te.
Seeing it concemes this Co'te to ^vide the best high wayes to be layd
out fro™ towne to towne for publike use, w** conceme all the posterity as well
as o'selves, & therefore that no private infest should hind' it, & forasmuch as ^^ ^
the way fro™ Eeding to Winnetsemet last layd out is thought to be lesse ^^^ ^ ^"^*
behooffull for the country then the form' way layd out by ord' of this
Co'te, M' Eobt Clements, John Osgood, & Franc Smith are hereby author-
ished & appointed to lay out the way, as men most indifE^ent to lay out the
same.
Agreed, this 25^ 12^ A, 1648, between Thom : Holbrooke, Henry Fr6 Waym« to
Kingman, & Nathell Adam^, a comittee of Waymoth, & Stephen Kingsly &
Samu : Basse, a comittee of Braintree, for laying • out of the high way for the
country, from Waymoth to Dorchest', that the said country high way shall
ly* the p8[ent] * wonted high way from Waymoth to Braintree meeting house, [*232.]
foure rods wide ; & whereas, at the said meeting house the way cannot be con-
veniently had at one end thereof, we appoint the said way to run so as to be
two rods at one end of the said meeting house, & 2 roSs at the other end, & so
to fall at foure rods againe at a markt stump a little beyond the said meeting
house, & so that breadth to a stump of a tree neer Henry Neales house, &
thence to be carried the said breadth to the lot called Hudsons lot, rectifying
the way w*''* now is, by takeing it of through severall necks, as we have markt
the same out, & through the said Hudsons lot, the same breadth to the hill going
downe towards the brooke, & thence till tenn poles beyond the brooke, six
poles wide, & then to lye roure rod wyde unto Dorchester bounds, & all as
we have already set out the same by severall marks for that purpose; &
272 THE RECORDS OF THE COLONY OF
2 May.
1 6 4 9. this wee ^ent to the honored Co'te, to be recorded for the country high
way for ever. Consented to.
Upon the petition of Eich'd Bellingham & Bach : Dumer, it is ord'^ed,
that M' Rich'd Dumer shall give ace* to M' Rich : Saltonstall & M' Sam :
Symonds^ upon oath, & they to certify the same to the next adioumment of
this Co'te, that the said M' Dumer may have his discharge as agent, or attiimy,
& so himselfe & the oth' execute' may enter upon the estate of M'^ Nelson, &
M' Nelson. dispose of the same, as execute's, in behalfe of M" Nelson, widowe, & her
children, & the children of M' Nelson by a former wife.
Cap* Wiggini Upon the petition of Thom : Wiggen & Edw<* Rawson, it is thought
sons discharge ^leete their account be accepted, & they discharged, & that M' Rawson be
ab* M' Wii^am alowed, out of the estate of the said Waldren, for his paines in & about the
Walderns es-
tate, matter of this petition, 40sh", & Cap? Wiggan 30", & that the estate of the
said W°^ Waldren, consisting of lands, houses, & cattle, are hereby appointed
to be & remaine in the hands of Hate evill Nutter & John Hall, of Dover, to
dispose of as they iudge may best tend to the impvement of the estate, & to
be ready to be accountable, when the Co'te shall thinke meete to call for it,
for satis&ction to the credito".
K"Coie. Although Elisa: Cole hath bene often answered by former Co'ts, & that
course* hath bene taken to make her cancelled deed valid, yet in regard it was
long aft' her broth' was gone fro" hence, & also much disabled to give her
satis&ction had he been here, we thinke meete that it be declared, that if she
hath received any damage, the Co'te is innocent, time being given her to make
her iust plea, at the time when it was cancelled.
JL*phF Youngs Upon request made to this Co'te, by the executo" of Xfer Yong, of
Wenha, deceased, concerning the disposall of his children, w***, by his will,
were to be sent into England ; the Co'te, in answere thereimto, iudgeth it
meete to ord', that by reason M' John Philips, unto whom the boy was to be
sent, hath shewed his dislike thereof, & unwillingnes to intertaine him, that
the execute'" have hereby pow', & ar authorished to place him forth here in
this country, so as in thAr und'standing may best conduce to the good of the
child ; & for the two daught", that were to be sent ov' into England, to M**
Elvin, that they be continued here untill the execute" send to M" Elvin what
was desired by the said Xfer Yong, in sending his two daughf* to her, w«^ if
upon her answere shee manifest her acceptance of them, the two daught" to
be sent by the first oportimity ; but if shee refuse it, then the execute" are to
place them forth as may seeme best to them, & may conduce to the good of the
rhildren.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 273
M' Joseph Hill is granted, as a gratuity, ten pounds, to be paid him out 16 4 9.
of the treasury, for his paines about the printed lawes. "*" r— ^
Upon the petition of Elisa : Fairefeild it is granted, that her husband, rFaiyrefeiid.
shee & their children, to depart out of this iurisdiction unto such other parts
of the world as it shall please God to dispose ; pvided, that her husband shall
be *und' his former censure if hee retume hith' againe. L ^^^'l
In answere to the petition of Edvv* Bendall about the Indian squa, he is
refered to the comission" at their meeting. The petition for a pattin for a
tub to dive in is not granted ; for the oth% ag** stealing wharfage, it is con-
ceived the law hath sufficiently pvided in this case.
In answere to the petition of Nathani : Boulter & Kich'd Swaine, the
Co'te doth conceive, that in regard it is an unusuall thing for the country to
take the forfeitxires of bands for non appearance in time, or not so fu[r]nished
as the law in that case requires, w*^^ the petition' was ignorant of, that the for-
feiture of his band, specified in his petition, be remitted.
Upon the petition of W™ Tyly, the Co'te doth agree, that hee shall pay
40* forw'^, the 10* included, for the fees for his petition.
There being many ships in the harbo', & div" of them strangers, the
Co'te doth order that a millitary watch be forthw*^ appointed, in Boston &
Charles Towne, to continue till any foure magistrates shall see cause to al-
ter it.
Sudberry is granted two miles westward, next adioyning to them, for Sudbury,
their furth' inlargm*; pvided, that it ^udice not W™ Browne in his 200
acres alredy granted.
Jonathan Wade is granted 400 acres of land, where he shall find it undis- JoB Wade,
posed of, so as the land found by him* be not iudged by this Co'te piuditiall
to any towne or plantation already made, or to be made.
Upon the petition of Soloman Franco, the Co'te doth not find any cleare
ground upon yv^^ factorige should be due or alowed him by the maior gen'all,
out of the estate of the principles, & no estate of Emanuell Peradoes appearing ;
but the Co'te doth alow the said Soloman Franco 6* p weeke out of the
treasury for tenn weeks, for his subsistence till he can get his passage into
Holland, so as he do it w*4n that time.
The Co'^te thinke meete that Josua Fisher repaire to the coniittee, vizj.
Cap? Keayne & James Penn, ^<3, to make his composition as oth'^s do.
Upon the petition of John Palmer, that the land he bought of M' Dumer, J« Palmor.
w'** was M' Nelsons, might be ratified to him & his heires, or that M' Dumer
might make retume of what he paid him, & what he hath layd out upon it, —
The Co'te thinks meete, that M' Duiiicr make it appeare to this Co'te
VOL. II. ^5
274
THE RECORDS OF THE COLONY OF
16 4 9.
2 May.
M-don.
Nubury pet.
Ch : Saunde^
petidon.
Bo : Saltonst.
petioon.
[•234.]
Grr. of 00 to th
gou"! child.
that he had power to make sale of the lands of the said Thorn : Nelson^ before
any pceedings be hereabouts.
Upon the petition of Thomas Moulton, for takeing of his fine of 5*, the
Co'te doth conceive that his petition should be comited to the consid'ation of
the next Q'ter Co'te, the rath' because there are oth' petitions addressed onely
to the magistrates, vr^\ w^^ this, have necessary dependence one of anoth'.
Upon the petition .of Mistick side men, they are granted to be a distinct
towne, & the name thereof to be called Mauldon.
Upon the petition of Newberry men, it is answered, the petition's not
haveing observed the Ca'ts ord' in the election of their officers, the Co'te can-
not alow of their choyce ; but the said petition's have liberty to pceed to a
newe election, according to ord' of Co'te, & to ^sent y* names of those whom
they shall so elect to the County Co'te, at Salem or Ipswich, to be confirmed.
Upon the petition of Charles Saund's for some iudicious & able men to
be appointed by this Co'te to appraise the goods of the wreck, Mathewe Chafe
& Arth' Gill, of Boston, are appointed, that so a certificate may be made to
give satisfaction to bis owners, in England or elsewhere.
Upon the petition of M' Thom : Gamer, the Co'te thinke it iust that there
may be a coppy of the records truely transcribed, & (the petition' paying the
officer for it) be deliv'ed him, & that the goods not inventoried may, upon due
pofie, be deliv'ed the petition' ; & Capl Keayne & Cap? Ting are appointed to
examine the records transcribed.
In answ' to the petition of M' Rob't Saltonstall for his land, the Cote
conceives that the petition' should first find out & ppound to the Co'te the
place where he may have his quantity of land already granted to him, & that the
*Co'te should incline to graunt it unto him, if w"* conveniency it may be done.
The second, about the right of the patentees, is referred to the considera-
tion of the next session of this Co'te.
Concerning the 3^ request, we thinke it meete to admit that the caae
between the petition' & M' Sellick be heard the next session of this Co'te ;
pvided y* the petition' put in good security, to the value of 50*, to satisfy for
the expence of y* Co'te, & costs & damages of the defendant, if, upon hearing,
the case shall be adiudged against him, the said petition'.
Forasmuch as o' late honored Gov'no', upon his death bed, did ex^sse his
tend' desires towards his wife & yongest child, that if the country did thinke
it meete to bestowe upon him any thing for his service done, that it should be
to the said child, & remaine in the hands of his wife for its education, & the
stock f^served intire for the childs use, & forasmuch as the Co'te hath not
jpvided for the disposing of that estate, in case of the death of the child, the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 275
Go'te doth conceive it iust, that in case the infant dyes before it attaine the age 16 4 9.
of 21 yeares, the i pt thereof should accrew to the Mddow of o' late honored ^*''"^ ~'
2 May
Gov'no% & the oth'^ two thirds, ^ to M' Deane Winthrope & the oth' to M'
Samuell Winthr6pe, they as yet haveing had no portions out of the late Gov'-
no" estate, nor like to have.
The petition of John Peters Spegall, for liberty here to ioyne in marriage
to Belekey DanieUs, though not published according to o' law, it is alowed,
they being strangers & suddenly to depart.
Upon the petition of John Bourne, of Salem, his fine of 5*, for seling J'Bonmo.
strong wat' w^^out licence, is remited to 40% so as he satisfy that w'^'in 6 weeks
fro y« 4*^ 3^ A.
In answere to a letter fro™ John Smith, who writes himselfe gen^'all assist-
ant for the colony, in behalfe of the towne of Warwick, excusing themselues
of any wrong to the Indians, there being no accusations pved against the
inhabitants of Warwick, we find we have nothing at ^scnt to charge upon
them ; & if any thing affwards appeares, we shall referr it tg the comission",
at their meeting in the 7*^ A.
In answere to a letter of RandoU Holding, for liberty to come into o' E : Holding,
iurisdiction, & to take of the sentence of banishment in effect, the Co^'te, in
puseing his lett', sees no reason nor argum* to move the Co*'te to take of the
censure inflicted iustly on him by this Co'te, nor do they see any ^udice that
may accrew to him, hee being at liberty to impve any attumy for himselfe,
who may expect all due iustice amongst us, as any of o'^ owne iurisdiction.
Upon the petition of M' W" Gerish, it is answered, the Co'te doth grant M'Gemsh.
his petition in mann' following, vizj : 1. That 14. lOsh* be abated, in regard
of losses of cattell, out of the 150* due to the child.
•2. That the remainder of the 150* be f^ently set out & paid to the
use of the child, in the dweling house that John Oliver late dwelt in, at
Newebeny, togeth' w"* the lands that now appertaines thereunto ; & if this
house & land, w*^ the appurtenances, shall not reach to discharge the sume,
then to be supplied out of the estate of M' Gerish, in cattell or oth'^wise, &
that the Co'te appoint meete men to make the apprizall ; there was a dweling
house, bame, & cow house, purchased by M' Gerish of M' Lowle, w*** oth'
lands thereunto aded, w^^ are intended herew*^ to be apprized.
3. That the child should stand to the advance or losse of the value of
John Oliver his ho\ise & land, according to former order.
4. That, the houses & lands aforesaid being apprized, the Co'te may author-
ish M' Gerish, John Saund", & M' Edward Woodman, or such of them as
they thinke meete, to be intrusted w^^ the estate of the child, & to sell or let
276 THE REC0RD3 OF THE COLONY OF
1649* out the houses & land^ as they shall iudge most to conduce to the benefitt of
^"" ^ ~' the child, giveing this Co'te an account of their proceedings herein, when they
shall be called thereunto.
5. That M' Gerish should have competent alowance from the pfits of the
estate of the child, for her education & maintenance, to be determined by the
Co'te.
This Co'te doth authorish John Sanders, Rich'd Knight, & M' Green-
leife to prize the said houses & land v^^ was John Oliver his estate, & what
other shall be tendered for the daught' of the said John Oliver her portion, &
to make retume of the apprizement to the next sessions of the Gen^all Co^e,
[*235.] & then to determine what alowance to be made *for the childs education &
maintenance ; & if the said houses & lands shall x x x hy those three men
appointed by ord' of Co'te, (then) to be determined [by the] Gen'all Co'te,
who shall keepe the said portion, & when to be paid the chiQd].
M'CarrofSali- On a second motion of M' Carr, the Co'te thinks meete that the ferry
[rejmaines as now it doth, to the next Co'te at Salsberry, against w®** time
experience & sufficient reasons may so appeare to the next Salsberry Co'^te] as
whereby they may iudge of the setteling & disposing thereof, eith' to one the
whole, or to both as it is, as they shall iudge may best tend to ease of the
country, to whom this Co'te conferrs pow' to determine & ord' accord**^.
Hull, conS M» The Co'te ^1^ it no way meet to grant the inhabitants of Hull their
desire for M' Mathews returning to them, nor residing w^ them, & do declare
that they find severall erronious ex^ssions, oth" weake, inconvenient, & un-
safe, for w*** it iudgeth it meete to order that the said M' Mathews should be
admonished by the Governor in the name of this Co'te.
The Co''te voted that the servants of Hugh Gunnison shall be alowed
twenty shillings for their attendance on this Co'te. *
And the servants of W™ Philips ZOsh* for the like service this Co'te.
Cap? Hathorne & M' Downing are appointed associats for the Cote at
Salem, this yeare ensuing.
The maior gen'all tooke his oath.
The Co'te is adioumed to the 11^ of the 8"» A, at 8 of y« clock.
Whereas the Gen'^all Co'te have set & to farme let, by their order, bear-
ing date the 21^ of the 8*** A last past, the custome of all sorts of wines
Securitie for
imp* of wines, imported into their iurisdiction, w*** all the pfits & emoluments thereunto
belonging, together w*^ all their power & authority for the pcureing & receive-
ing of the same from all mann' of psons whatsoev', according to orders of
Co'te made for that purpose unto Maior Rob't Sedgwick & M' Ric : Russell,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 277
2 May.
for the full tearme of foure yeares from the 27^ day of the 8*** A last past, — 16 4 9.
in consid'ation whereof wee, the said Maior Rob't Sedgwick & Rich'd Rus-
sell, & also Francis Norton, of Charles Towne, m'chant, & David Yale, of
Boston, marchant, do by these ^sents bind o'selves & ev'y of us, in the sume
of 240* pounds sterling, to pay unto the country, or Gen'all Co'te, or to whom
they shall appoint, for the said tearme of four yeares after the 27'^ of the 8***
A, the sume of 120* yearely, in curra[nt] pay of Newe England, In mann'^ &
forme following ; that is to say, 60* upon the 27^ of the 2* A next ensuing
the date hereof, & 60* upon the 27*** of the 8* A then next following, & so
to continue upon the said dayes, yearely, 60*, upon each day, untill the said
4 yeares be expired. In witnes whereof we have hereunto set o' hands &
seales, 11*^ 10"* A, 1648.
Sealed in the ^sence of
JOHN DAND, BOB^^ SEDGWICK,
ROB^T KEAYNE, RICH: RUSSELL,
JAMES PENN, FRANC: NORTON,
RO : LONG. DAVID YALE.
Articles of Agreem* indented & made the 11«* W^ A, 1648, between C[apl] Article. w«»th«
. ^ yintnerg.
Rob* Keayne & James Penn, Deputies of the Gen'^all Co'^te, holden at
Boston, in Newe England, in behalfe of the said Co'^te, of the one pt, &
W°* Philips, Rob't Long, Hugh Gunnison, W°» Hudson, & Rob't Turn',
vintn's, of the other pt, as folio weth : —
Inpr : The said Ro : Keayne & James Pen do, by these f^ents, by ver-
tue of an order made by the said Gen'all Co'te the 27"* of the 8*** A last past,
set & to farme let unto the said W™ Philips, Ro : Long, Hugh Gunnison, W"
Hudson, & Rob^ Turner, & their assignes, the seling & retaileing of all mann'
of wines in Boston & Charles Towne, for [&] dureing the space of 5 yeares
next ensuing the said 27*** of the 8*^ A last past.
It is covenanted & agreed between all the pties to these fronts, that y*
said W°» Philips, Rob't Long, Hugh Gunnison, W™ Hudson, & Rob't Turn',
& their assignes, shall not, in se[lling] & retailing y« wines hereafter men-
tioned, take or receive of any pson or psons. whatsoev' [over] & above y*
prizes following ; y* is to say, for all mann' of sacks, muskadels, aUigant, & tex
wine, y* rate & pportion of 15^ p q't; & for all mann' of French wines, as
white wine & cla[ret] wine, y* rate & pportion of 8^* p q'te ; & so for a greater
or lesser quantity, pportionably, of any of the aforesaid wines, dureing the
said tearme of 5 yeares.
K : The said Cap : Rob't Keayne & James Penn, on the behalfe of the
said Gen'all Co'te, & w["*] the consent of y* same, do, by these presents.
278 THE RECORDS OP THE COLONY OP
2 May.
[•236.]
1649. covenant, pmise, & agree to & w*** the said [W"] Philips, Ro : Long, Hugh
Gunnison, W"* Hudson, & Rob't Turner, & ev'y of them, & their *[as]signe8^
that no pson or psons inhabiting w^in Boston & Charlestowne aforesaid shall^
from the 21^ of the 8*** A, have any libeity granted to them, by the said
Gen'^all Co'te or otherwise, to sell any manner of wine by retayle of any lesse
quantity then a qu'^ter caske, according to a former order of the said Co'te,
but onely such persons & their assignes as are now licensed, untill the said
tearme of five yeares be expired.
In consideration whereof, the said W™ Philips, Rob* Long, Hugh Gun-
nison, Willi : Hudson, & Ro : Turner, for themselues, & every of them, & the
executo's, administrators, & assignes of them, & ev'y of them, do, by these
]^nts, covenant, pmise, & agree, to & w'** the said Cap? Rob: Keayne &
James Penn, well & truely to pay, or cause to be paid, unto the said Rich'd
Russell, genf. Treasurer of the iurisdiction of the Massachusets, in Newe
England, or his successors, the sum of 160* yearely in currant pay, in manner
& forme following ; that is to say, 80* upon the 21*^ of 2** A next ensuing
the date of these f>sents, & 80* upon the 21^^ of the 8*^ A then next fol-
lowing, & so consequently, at the said dayes yearely, 80* at each day, for &
dureing the space of the five yeares above mentioned. In witnes whereof, the
parties aforesaid to these presents have interchangably set to their hands &
seales the day & yeare first above written.
Sealed & deliv'ed in the f^sence of WILLI : PHILIPS,
JOHN BAND, RORKT LONG,
FRANC : NORTON, HUGH GUNNISON,
DAVID YALE. WILLI : HUDSON,
RORT TURNER.
This act of the coinittee is approved, & they discharged, & to be entered
amongst the Co'te records, w*** these pvisoes following : —
1. That the losses shall not draw wine in any houses but where the
lessees do or shall dwell in the same towne.
2. If they set any assignes in those houses w^out the appbation of the
Gen'all Co'te, it shall be invalid.
3. That it be ex^ssed what the 160* p @ shall be paid in ; otherwise
they may pay it in comodities of w*^** no use can be made but by transporting
of them & waiting for returnes with adventure.
747— Forasmuch as the law of God (Exod. 10 : 13) allowes no man to touch
the life or lime of any person, except in a iudiciall way, —
Life or lime. Be it hereby ordered and decreed, that no person or persons whatsoever
Phw. c IT', ^^^^ ^^ implied about the bodies of men, weomen, or children, for preserva-
tion of life or health, (as phisitians, chirurgions, midwifes, or others,) ^sumc
THE MASSACHUSETTS BAY IN NEW ENGLAND. 279
to exercise or put forth any act contrary to the knowne rules of art, nor exer- 16 4 9.
cise any force, violence, or cruelty upon or towards the bodies of any, whether ^'" r"^*^
2 May.
yong or ould, (no, not in the most difficult & despate cases,) w***out the advice
& consent of such as are skilfull in the same art, if such may be had, or at
least of the wisest & gravest then present, and consent of the patient or
patients, if they be mentis compotes, much lesse contrary to such advice &
consent, upon such pimishment as the nature of the fact may deserve ; which
law is not intended to discourage any from a lawfuU use of their skill, but
rather to incourage and direct them in the right use thereof, and to inhibit
and restraine the presumptuous arrogance of such as, through prefidence of
their owne skill or any other synister respects, dare be bould to attempt to
exercise any vyolence upon or towards the bodies of yong or ould, to the
preiudice or hazard of the life or lime of men, weomen, or children.
*It is ordered, that it shall not be in the liberty of any towne or person [*237.]
to pay peage to the country rate, nor shall the Treasurer accept thereof, from 748—
Peage not for
time to time. rates.
It is ordered by this Co'te, that all appeales lawfully obtained are to be 749-
accounted in the nature of a writt of erro', and thereupon all further pceeding
to iudgment and execution shall be suspended.
And the party appealing shall breifly, in writing, under his or his attur- Appeales.
nyes hand, give to some one of the iudges from whom hee did appeale the
grounds and reasons of his appeale, six dayes before the begining of that
Co'te to which he did appeale.
It is ordered, that the Co'te of Assistants shall take cognizance of no 750—
case or action tryable in any Countye Co'^te, unlesse it be by way of appeale, ^ bro**ht
and that no debt or action proper to the cognizance of any one magistrate, or to Co^ of
of any three comissione" for tryall of cases under fortye shillings, shalbe
intertained by any Countye Courte or Courte of Assistants, but by appeale
from such magistrate or comission^ as aforesaid.
This to be published forthw% but not to be of force till after the end of
the next Quarter Co'te.
Forasmuch as it is found inconvenient and very burthensome to the 751—
magistrates that many persons have recourse to them for advice & counsell in
cases which are afterwards like to come to their cognizance in a legall way, —
It is therefore hereby ordered, that, after one months publication hereof, j^^^g ^^ ^^^
it shall not be lawfull for any person to aske counsell or advice of any magis- f**""**®^ ^
trate, in any case wherein afterwards hee shall be a plantiffe, under pocnalty
of being disinabled to prosecute any such action (that he hath so propounded
or taken advice in, as aforesaid) at the next (JJo'te where the case shall come
280 THE RECORDS OF THE COLONY OF
to tryall, being pleaded by way of barr, either by the defendant or any on Us
behalfe, in which case the said plantiffe shall pay full costs to the defendant ;
and if the defendant aske connsell or adrice^ as aforesaid, he shall forfeit ten
shillings for every offence.
[•238.1 *Whereas this Co'te hath, for the incouragement of troopers, ordered
Troop* to li*Te that their persons and horses should be exempted from country rates, and also
that fire shillings should be paid them yearely out of the treasury, and
because it is found burthensome and difficult for such troopers as live remote
to get bills signed by the audito', and payment of the Treasurer, of the said
yearely incouragement, it is therefore ordered, that it shall be lawfull for every
trooper to discount yearely out of his country rate, to the cunstable of the
towne where bee lives, the said five shillings, provided he produces a note
under the hand of the cheife comander of the troope that bee is furnished,
according to order, with horse and armes ; and the Treasurer shall discount
of the said cunstables rates whatsoever bee shall pay according to this order.
Monej for the Jt ig ordered, that whoever in this iurisdiction shall disburse money' or
prifon.
other acceptable pay, for the repairing of the prison at Boston, shall be repaid
out of their next country rate, with alowance of two shillings in the pound ;
and John Johnson and James Fenn are hereby authorished to give receits to
all such persons as shall so disburse, and to take care to improve the said
disbursements, for the speedy repaire of the prison.
West India The Courte doth thinke meete that the order concerning the stoping of
West India ships at the Castle should hereby be repealed, seeing it hath
pleased God to stay the sicknes there.
768— The Co'te, takeing into serious consideration the inconveniency that may
Marcinottobe follow to the publike by the exportation of mares, do therefore order, that no
exported.
person or persons whatsoever shall, after the publication hereof, export or con-
vey any mare or mares, yong or ould, out of this iurisdiction, upon the for-
feiture thereof, or the value thereof, one halfe to the informer, and the other
r*239.1 nioyety to the publike. And to the end *that this law may be duly executed,
Coffiand's of ^^ ^^ [furjthcr ordered, by the authority aforesaid, that [no] comander of any
■hips not to ro- g^ipp or bark shall, after publication aforesaid, receive on board his vessell or
ceive any mares
a board. shipp any other horses or gueldings but such as shall be entered into a booke,
of Boston & ^'^^^ ^^^ colo', perticuler marks, age, (as neere as may be knowne,) & person
Clarke of write ^f whom the horse was last bought, & proofe, by witnes, or oath that hee was
In oth' townes. o y r y j 9
the true owner thereof, to be kept by Edward Bendall, of Boston, and by the
clarke of the writs in all other townes, whom the Courte hereby authorisheth
to veiwe all such as shall be shipcd ; and for every horse so entered there shall
be paid to the said Edward Bendall and other officers, as aforesaid, by them.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 281
BIX pence ; and what ever comander or master of any shipp who shall take 16 4 9.
aboard any other except 'Such as hee shall receive a note under the hand of ~ ^ ~'
the said Edward Bendall^ or the said clarkes, as above authorished and entered,
as aforesaid, shall for such offence forfeit the sume of forty shillings to the
informer, & forty shillings to the Treasurer.
For as much as the printed law concerning dowries, upon second veiw 754—
and examination, appeares not so convenient as was formerly conceived, in ^^""y**-
every perticuler thereof, it is therefore hereby ordered, that the clawse towards
the latter end of that order, that gives a wife a third part of her husbands
money, goods, & chattels, reall & personall, after her husbands decease, shall
henceforth be repealed, and become voyde ; and the rest of the said order to
be and remaine in full force and vertue. And it is hereby declared & ordered,
that these words in the 14*** line of that order, vizj, ** then by act or consent
of such wife," be imderstood, in case it be done by writing, under her hand,
and acknowledged before some magistrate to be her volentary and free act,
and so attested by him, which, being certified, shall be a ftdl barr to such
woman forev' clayming any right, title, or interest to any such estate.
*And it is further ordered, that where any husband dyes intestate, the [♦240.1
Countye Courte of that iurisdiction where the said deceased had his last resi-
dence shall have power to assigne to the widow such a part of his personall
estate as they shall conceive iust and equall, as also to devide and assigne to
the children, or other heires, their severall partes and portion out of the said
estate. ^
It is Ordered by this Co'te, that if any be found drunken, by night or 756-
day, or shall, in his drunkennes, offer any abuse to the cunstables or others. Drunken,
either by striking or revileing of him or them, or useing any endeavo', by him-
selfe or others, to make an escape, it shall be in the power of the c unstable to
comit such persons to safe keeping or imprisonment, or take band for his
appearing, as hee shall see cause, (and that the keeper of the prison shall Keeper to re-
ceiTe fee^ 12*.
receive all such as shall be so comitted, and to take but 12^ for his fees,) till
he be sober, and then to informe the next magistrate thereof, and in case no
magistrate be in the towne, the cunstable shall carry him to one or more of
the three men appointed to end small causes, and where no three men are,
then to carry him before any one or more of the select men in that towne,
who have hereby power given him or them to do as any magistrate may, in
the like case, if they were present ; provided, that if any delinquent shall con-
fesse his fault, & pay his fine and other charges, the cunstable shall receive his
fine & dismisse the offender ; and any person hereby authorished to receive the
fines, as abovesaid, shall forthwith make present returne to the clarke of the
voi« II. 36
282
IHB RECORDS OF THE COLON? OF
1649.
2 May.
Constable to
p'ceed [wi]th
Bwea", cursers,
tiplers.
[•241.]
200> for pow-
der.
767-
ET»y towne to
p^de powder.
Countye Courte^ where such offence is co^tted^ of what hee bath done and
ceived, to the end it may be recorded.
The like power^ in the absence of a magistrate^ cunstables shall have, to
proceed with swearers, and cursers, and unseasonable tiplers, and company
keepers.
*It is ordered, that two hundred pounds shall be paid out of the best of
the pay of the n[ext] country levy to the surveyor generall, for the purchasing
of powder for the countryes store, but in case that should fall short, that war-
rants issue out from this Courte to raise two hundred pounds for that end ; and
the surveyer generall and James Penn are intreated to treat with some of the
marchants for the procureing of so much powder as amoimteth to two hundred
9
pounds.
It is ordered bv this Co'te, and ihe authority thereof, that the select men
of every towne within this iurisdiction shall, before the 24**^ of June, which
shall be in the yeare 1650, shall provide for every fifty souldiers in each
towne a barrell of good powder, one hundred and fifty pound of musket
bullets, a quarter of a himdred of match, and certify, under their hands, be-
fore that time, to the surveyer generall, that they are so provided, under the
poenalty of five pound for the want of every barrell of powder, 150** of bul-
lets, and a quarter of c^ of match, as before ; and the said select men are here-
by authorished by this Courte to assease the inhabitants for makeing this
provision, which shall remaine as a towne stock, over and besides all other
provision.
The Co'te is adioumed to the 17^ of the 8**" ^, at 8 of y« clock.
[♦242.]
17 October.
Leif^ Gerish.
M' Bob^ Sal-
tonstall.
*1649. At a GenTall Cone, at Boston, the 17"^ of the 8^ M.
UPON the petition of Leifl Willi : Gerish, it is ordered, that the peti-
tion' should have y* portion of Mary Oliv', y* orphan of John Oliv*, in
his owne hands, to his owne use for eV, so as he give sufficient security to
pay & satisfy y* child, Mary Oliv, at the age of fourteen, one hundred thirty
five pounds, ten shillings, in come or cattell, at currant price, as the late ord'
of this Co'te pvides for.
M' Rol/t Saltonstalls petition for a division, or liberty to recov' in any
any Co'te of iustice what he shall make appeare legally to apptaine to him
from the two patents of Swamscote & Dover, in Pascataq Ryver, the Cote
doth conceive the petition' may have liberty to sue & recoV what he can
legally pve to be his.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 283
The Co'te hath chosen Cap? Bridges to ioyne w^ M' Symonds to receive 1649.
M'^ Dumers account of M' Nelsons estate, left in his haftds by a letter of '^^" r^"*'
attumy, by reason that M' Saltonstall cannot attend to do it, in regard of his . -.^ *
intended voyage. sons estate.
Dedham is granted so much land, both meadow & upland, on the west- Dedham tU-
laffe«
em bounds of them, beyond the ryver, so as they erect a village there w*^in
one yeare fro°» the 22^ 8*** A ; & that Cap? Keayne, M' Jackson, & the survey'
gen'all lay it out at any time, Dedham giving them a weeks warning.
The Co'te granteth Cap? Keayne, M' Rich'd Browne, M' Each: Parker ca: Keayne,
their request. Cap? Keayne to ha' one thousand seaventy foure acres. Each: ^'Ri- Parte
Browne to ha' two hundred acres. Rich: Parker foure hundred thirty six
acres ; to ha' them layd out next to the village granted to Dedham.
At the request of Wooburne, the Co'te doth grant liberty & pow' to Woobum.
Leif? Johnson to ioyne such in marriage there as shall be published there, ac-
cord .^ to lawe, for a yeare.
It is ord'ed by this Co'te, that Ealph Woodward shall have pow' to Hingham.
marry all such psons at Hingham as shall be lawfully published there, accord-
ing to ord', till the next Gen'^all Co'te.
Upon the petition of Margaret, late wife of John Stoniard, she is granted Widow Ston-
pow' to sell & dispose o£ the house & lands, for y* paym* of her husbands
debts, & her owne comfortable pvision in this time of her weaknes.
Upon the petition of Neweberry, this Co'te thinketh meete to give & Plum nand.
grant Plum Iland to Ipswich, Rowly, & Newberry, vizj : Ipsw<^^ to ha' two
parts, Neweberry two pts, & Rowly to ha' one fifth pt.
Upon the petition of Ralph Roote, & Sara, his daughter, for y* land Ralph Roote.
estated upon her by Edw* Whitfeild, in Reding, w*^^ land we ha' sould to
Thom : Taylo', of *Wat'towne, w*^^ bargaine & sale is by this Co'te confirmed.
Mary Oliv' is left to y* law, unlesse shee put in suiEcient security w***in Mary oiir.
one month to remove out of this iurisdiction.
Upon the petition of Samu : Plum% ferryman of Newberry, for to ha' Pium', ferry-
2^ p passing', for their transportion, w*^^ is granted. ""'*'
Upon the petition of John Dayne, the house & land w*** was W^ Cham- Jn» Dayne.
b's is settleed upon y® said Dayne, he haveing paid more debts of Chamb's
then y* house & land was worth, & also brought up y* children of Chandler,
w* have bene chargable to him.
Cap? Clarke is granted his bill of charges of foure pounds six shillii^
ag** John Partridge, w*** Cap? Partridg bound himselfe to pforme in 20*.
M' Edw* Rawson haveing resigned up his 500 acres of land form'ly M' Rawson*
granted him in pt of recompence of his damage sustained about y* salt peeter.
284 THE RECORDS OF THE COLONF OP
1649* the Co'te have thought meete to alow him thirty pounds^ in full satisfaction,
~ ^ "^ whereof the five p^und form'ly granted is accounted a part.
17 October.
mfrfi- The inhabitants of a towne w***in this iurisdiction, at their first siting downe,
Towne order ^^ genially agree to set a part a certeine pcell of land^ to the value of about 20
p^eceeding acres, Iviuff between the salt marsh & the low water marke. for the use of the
Court* of force. 'JO f
whole towne, to be impved for thatch* houses, the want whereof is very preiu-
ditiall to the towne, since w*^** time this hono'ed Gen'all Co'te, by an order of
[Here the records cease to be in the handwriting of Secretary NowelL The remaining pages are bj
Mr. Rawson, and are probably supplied for decayed originals.]
[*243.] *theirs, haue made all the lands to low water marke to be the proprietors of
the land joyning therevnto : the aforesajd inhabitants, not being able to resolue
themselues, humbly desire the resolution of this honnoured Court, w^'^er the
Courts Re- orde' of the Court make voyd the preceding toune orde^. The Court doth con-
*° "®' ceive the Courts orde' doth not disanull the orde^ of the toune, preceding it.
TimeofMi*sex It is ordered, that, by this Court, & the authority thereof, that the Court
Court dayes.
dayes for the county of Midlesex be the first third day of the second mone***
and the first third day of the eighth moneth.
It is ordered, that Edmond Bendall, the officer appointed to gather &
receive the custome of all goods imported into our jurisdiction from Plimou*"*,
Connecticot, & Newhauen, & exported from any part thither, for his due &
Ordc or cus- jj^^^^j. encouragement to see to the execution of that order, shall haue one
tomes of goods. ° '
fowe''th part of such customcs for a recompence for his service therein ; and
heereby he is & shallbe impowred to call any ayde or assistance, for the per-
formance thereof, as the officer to receive the customes of wines is. Edward
Bendall shall haue that allowance, for the service of one yeare to come.
Edward Bendalls Oath.
Edw* Bendalls Whereas yo^, Edward Bendall, are chosen customer for the yeare ensu-
oath. -^ _ -^
ing, yo'^ doe heere sweare, by the euer Ijving God, that yo^ will, from time to
time, faithfully execute you'^ best abilitjes, according to the order of customes,
for all such goods as are jmported & exported, belonging to Plymouth, Con-
necticot, & New Hauen, and to give in a true accoun* to the audito' gennerall
w"*in three moneth", from time to tjme. So help yo'^ God.
Orde' for M' It is ordered, that the Tresure' doe forthwith pay & sattisfy M' John
Jw"^ All ^^ Allen one hundred & thirty pounds, in the best & soonest pay that comes in to
be p* 130". the Tresury out of this levy, for the hundred pounds payd M' Winslow.
Salisbury y* It is ordered, that Salisbury shall be & heereby is accounted by this
Court the shier toune for the county of Norfolke, till this Court shall take fur-
ther orde^ there abou".
THE MASSACHUSETTS BAY IN NEW ENGLAND. 286
It is ordered, that in cases wherein there hath bein difference the Gen- 16 4 9.
nerall Court should heare the case together, & determine the case by y* majo' ~ ^ ~'
17 October.
^^^' Cases of differ-
The Court, well weiirhinff that by Gods blessinff this country & the oc- «nce trjabie at
. . ... yGeni Court,
casions thereof much to multiply & increase, & that the multiplication of the
choyce of office's on the election day may quickly grow to such a numbe' as may ^^^I!* ^^ ^*^
proove burthensome to be attended to the seuerall tonnes, and therefore desier
that it may be commended to the seuerall tonnes of this jurisdiction* consid-
eration, whithe' the Secretary were not to be left to the Gennerall Courts
choyce, whose honno' is principally concerned therein, then to be chosen by the
people, houeQ that *they referr it the next Court of Election to the Gennerall [*244.]
Court for the next yeare, & so on tryall for the yeare, which if they approove
no* of, they may reassume the election thereof to themselues if they please.
Whereas a booke hath bene presented to this Cour*, intituled a Platforme piatforme of
of Church-Discipline out of the Word of God, ^6, being the result ot what discipline re-
the synod did in their assembling, 1647, at Cambridge, for the consideration church* consid-
& acceptance, the Court doth conceive it meet to be comended to the judicious
& pious consideration of the seuerall churches w***in this jurisdiction, desiring a
returne from them at the next Genii Court how farr its suiteable to their judg-
ment* & approbations, before this Court proceed any furthe' therein.
Whereas diners yeares since Willjam Wilson, who was but the marshalls
deputy, did comonly make a deputy to se've attachment, executions, ^5, there
being no law then against it, but eithe' conniued at or not taken notice of by
the Cour*, which may occasion much trouble and dispute in seuerall Courts
concerning the legallity of such proceedings, in case of complaint thereof by
any persons, it is therefore heereby ordered, that all sumons, attachmen**, execu-
tions, levying of fines, ^<3, performed by such person, so deputed before the
law that prohibbits the marshalls deputy to make a deputy, shall be valid and
good as if the marshall or his deputy had don the same, where the proceeding
in othe' respect hath bene legall & just.
Whereas vpon information given to this Court by those tonnes remote Secretary or
from Boston, & other tonnes where Courts are kept, tl^t no respect hath bene proportion jury
had to the numbe' of persons inhabitting in each tonne in the issuing out of ^^'
wamants for jury men to se've at Courts, whereby some tonnes are eased &
oth" are burdened, for the prevention whereof it is ordered, that from hence-
forth the clark or secretary of each Court w"*in this jurisdiction shall, in all
their warran" for jurymen, haue respect to the numbe' of the inhabitant of
each tonne, & accordingly shall issue out their wjurrants that all occasions of ^^' '°' *
Quar^ Courts
complain** in this kind may be remooued. And it is further ordered, that repealled.
17 October.
286 THE RECORDS OP THE COLONY OF *
16 4 9. whereas there hath bene fowe' Quarter Cour** held at Boston in euery, that
from hencforth there shall be but two only, viz*, that in the first moneth and
that in the seventh mon***, & the orde' that injojmes fowe' Quarter Courts in a
yeare is in that respect repealed ; provided, that it shallbe in the powe' of the
Goiino' (or in defeult of the Goiino' the Deputy GoUno') to call a Court for
the tryall of any person in capital cases, that so justice be not deferred, no*
the country chardged.
[*245.] *The Court, finding by experience the great benefit that doth redound to
Ord«» to print the country by putting of the law in print, doe conceive it very requisit that
those lawes also that haue passed the consent of the Gennerall Court since the
booke of laweS'were in printing or printed Aould be forthwith domitted to
the presse," and for that "end appoint Richard Bellingham, Es^^, M' Nowell,
M' Audito' Gennerall, Cap? Keayne, & M' IBll, or any three of them, a
comittee for to* prepare them against the Court of Election, that, vpon appro-
bation of the retourn of the comittee, they also may be printed, as also there-
with to prepare those lawes referred to in the end of the printed lawes, w^
a suitable table, to be printed.
Prises of com It is ordered, that the prizes of all sorts of graine for this yeare, out of
^^ any of which the inhabitan** of this jurisdiction may sattisfy the country levy,
shall be, wheate, at fine shillings, barly at fine shillings six ]pence ; pease &
ije, foure shillings ; Indian come, three shillings.
Good beare to It is ordered by this Court, that euery victualler or ordinary tav'^er shall
aU ^c^uaiicrs^ alwayes, after the first of March next, be prouided of good and wholesome
*2- beare, for the enterteinment of strainge's, who, for want thereof, are necessi-
tated to too much needless expence in wine ; and whateuer ordinary victualler
or taverne' shall not be prouided from time to time of good, wholesome beare,
for the enterteinmen* of strangers, & for the prevention of other needless
expenses, they shall forfeite for the first ofience forty shillings, & for the
second offence they shall forfeite their licences.
766— Forasmuch as the orderly choyce of Assistants yearely is of great con-
cernment, and with all care & circumspection to, be attended, it is therefore
ordered by this Court & the authority thereof, that the constables of each
toune w**»in this jurisdiction shall call together their freemen some day in the
last week of the ninth moneth, yearely, to give in their votes, in distinct
pape's, for such persons, being freemen and residant in this jurisdiction, as
well the magistrates in present being as othe'^s, as they desire to haue chosen
Assistants at the nex* Court of Election, not exceeding the numbe' of twenty,
& that no freeman shall put in aboue one vote for one person, vnde"" the
pocnalty of tenn pounds for euery offence ; and the sajd freemen to meet, or
17 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 287
the majo' part of them^ shall then & there appoint one to carry their votes 1 6 4 9.
sealed vp ynto their sheire tounes vpon the last fowe^th day in the weeke in
the first moneth following^ at twelue of the clocke, from time to tjme; which
persons so assembled for 6ach toune shall choose one comissione^ for each
sheire to carry them to Boston the second third day of the seccond moneth,
there to be opened in the presence of one or two majestrates, if they be in
toune ; if otherwise, by those fowe' persons that brought them ; & those
eighteene that haue most votes shall be the *men, and they only, which shall [*246.]
be nominated at the Court of Election for Assistants as aforesaid : and the ^^°y*^ °' -^^
aUtanti
comissione" of each sheire shall forthwith signify to the constables of their
seuerall tounes within their sheire, in writting, vnder their hands, the names
of those twenty ; and as any haue more votes then other, so shall they be
nominated, except su^^ of those twenty who haue bene magistrates the yeare
before, who shall haue precedency of all others in nomination, on the day of
election ; and if any person intrusted in this orde' shall fajle in the discharging
of their trust, they shall forfeite tenn pounds ; and the printed law for elec-
tions in page 21, bearing date 1647, is heereby repealled.
Whereas it is found, by two often experience, that, some men djring and Probate" of
wills.
making wills, the sajd wills are concealled, & not prooved & recorded, &,
others dying intestate, no adfiiistration is sought for nor granted, and yet, in
either case, the wiues, children, kindred, or fireinds of the deceased, or some
othe', doe enter vpon the lands, & possess themselues of the goods, of the sajd
deceased, & the same are many times sould or wasted, before any credito' to
whom the decease was jndebted know of whom to demand, or how to recouer^
their just debts, for prevention of such vnjust & fraudulent dealings, —
It is therefore ordered & enacted, by the authority of this Court, that if Admi-tration
to be granted.
any executo', knowing thereof, shall no*, at the next Court of that county, w***
shall be about thirty dayes after the decease of the party, after the publication
of this orde', make probate of any will heeretofore made of any deceased
party, or shall not cause the same to be recorded by the recorde' of the county
where the said deceased dwelt, or shall not, w*^in the same time, take ad^s-
tration, if none hath binn already granted, of such goods as he hath or shall
medle w'**all of any party formerly deceased ; or if any person or person"
shall heereafter alljene or imbezill any lands or goods before they haue recorded
the will of the deceased, or taken administration, or brought in a true inven-
tory of all the knowne lands, goods, & debts of any such person, euery such
person shall respectively be Ijable to be sued, & shall be bound to pay all such
debts as the deceased party owed, whither the estate of the deceased party
were sufficient to discharge the same or not; and shall also forfeit to the
17 October.
288 • THE RECORDS OF THE COLONY.
164 9. comonwealth so many suxnes of fiue pounds as shall happen to be moneth*
between the nex* Court, as aforesajd, of that jurisdiction, after the time of the
death of the deceased party, & the prooving of such will, or taking of such
[*247.] adfliistration. And if any *party shall renounce his executorship, or that none
of the kindred or freinds of the deceased person who shall dye jntestate shall
seeke for adfliistration of such persons estate, then this Court orde" & enacts,
that the clarke of the writts of such toune where any such person shall dye
shall, w"*in one moneth after his decease, give notice to the Court of that
county to which such toune doth belong of such renouncing of executorship,
or not seeking for adfliistration, that so the Court may take such orde^ therein
as they shall thinke meete, who shall allow such clarke due recompence for
his pajnes. And if any such clarke shall fajle heerin, he shall forfeite twenty
shillings for euery moneth of his so fayling, vntill he shall haue ftdlfilled
the same.
Tre«« to X to It is ordered, that the Tresure' pay, or cause to be payd, the sume of
^^ * thirty two pounds fowe'teen shillings to the su'vejo' genne'all, or James Penn,
who are engaged for the payment of the same to the workemen that wrought
at the prison ; this to be pajd out of the first come that can be collected in
these rates ; & because they are engaged to pay thirteen pounds ten shillings
in money, the Tresure^ is desired eithe' to disburse the money, or deliuer vnto
them so much of the best sort of come as may procure so much money, that
so they may be enabled to sattisfy their engagements for the country.
Whereas the survejo' genne^all & James Penn are jntreated to treate w*"*
some merchants for the procuring of two hundred pounds worth of pond', it
is hereby ordered & declared, that what euer contract or agreement the sajd
partjes shall make w"^ any merchant for the end aforesajd, the Genne^all Court
are engaged to make good, in all particcular*.
1649.
MISCELLANEOUS RECORDS
['
I
MASSACHUSETTS RECORDS
MISCELLANEOUS ENTRIES CONTAINED IN THE SECOND
VOLUME OF RECORDS.
Freemen of the Colony of the Massachusetts Bay in JVew England,
1642—1649.
[In the second volume of Records the names of such as took the oath of freemen, with the exception
of those of 1642, are marginal entries. All are in the handwriting of Secretary Nowell.]
♦Made free the 18 : 3 M^ 1642.
M' Francis Norton,
John Withman,
Gawdye James,
John March,
Rob't Button,
Benia: Vermaes,
Thom : Antrum,
Michaell Shaflin,
Thom : Putman,
John Cooke,
Phineas Fiske,
Willia : Fiske,
James Fiske,
George Byam,
llich'd Bishope,
Allen Kenniston,
Elias Stileman,
John Tomkins, qu.,
Ananias Conkling,
John Neale,
John Bulfinch,
Joseph Boyse,
Samu : Grimes,
Theodo: Atkinson,
Rob't Bradford,
Hugh Williams,
Rich'd Crithley,
John Guttering,
John Ingoldsbey,
Robert Howen,
Thoma: Snowe,
Thoma: Foster,
Dani : Briskoe,
John Search,
John Baker,
Rich'd Knight,
Rich'd Tayler,
Philip Tayler,
John Bulkeley,
Edward Okes,
Thom : Okcs,
Edward Gooding,
Sampson Shore,
Willi : Torry,
John Coggan, luni :,
John Clough,
John Witherell,
Samu : Thatcher,
John Hill,
Rich'd Wody,
John Mathis,
Willi: Lewes,
Rich'd Taylo',
Edward Carleton,
Humphrey Reyn',
Hugh Smith,
Hugh Chapline,
Rich'd Lowder,
John Burrage,
Solomon Phips,
John Greene,
Isaack Comins,
Allen Pearley,
Thom : Thackster,
Willi : Ripley,
Mathewe Hawkes,
Hugh Prichard,
Thom : Lincolne,
John Stoder,
Willi : Robinson,
Robert Peirce,
Thom : Davenport,
(291)
16 42.
18 May.
[•18.]
292
MISCELLANEOUS RECORDS.
16 4 2.
18 May.
19 Mmj.
Bich'd Baker,
Robert Pond,
John Rigbey,
Greorge Right,
Thorn : Blisse,
Benia : Albey,
Roger Bancroft,
Rich'd Eckels,
John Cooper,
John Tomkins, qu :,
Willi : Dickson,
Moses Wheat,
Rob't Edwards,
John Sadler,
Walter Tybbot,
22 June.
Henry Palmer,
Joseph Peasel^y,
Thomas Bateman,
WiUi : Aline,
Thom : Wheller,
WiUi : Hartwell,
John Stevens,
Willi : Stevens,
Antho : Somersbev,
Henry Somersbey,
Willi : Berry,
Samu : Guil,
Abell Hews,
John Swett,
19. [May, 1648.]
Obedi : Brewen,
WiUi : Hilton,
22: 4 M<^ made free.
Rich'd Pid,
WiUi : Titcombe,
Peter Woodward,
John Brock,
Natha : Whiteing,
Micha : Metcalfe,
Robt Page,
Franc : Pebody,
Isaack Perkins,
Thom : Worde,
Henry Ambros,
Walter Ropper,
Henry Kibbey,
David ZuUesh.
Wmi: Waldeme.
Wmi : White,
Thomas Dowe.
11 Auguit The 11«» of the 6«> A, 1642, M' WiUi: Pinchen tooke his oath beforo
the Gou', M' Dudley, {d.
u September. 1642, 14 : 7 A, Thom : Het was made free.
21 September. 21^ 7% WiUi : English is admitt. a freeman of this iurisdiction.
27 December.
87«» 10«» A, 1642, made free at Salem.
Walter Price,
Rob't Gutch,
George Gardner,
1642-3.
28 February.
[•27.]
28 February.
Thom : Edwards,
Rich'd Prence,
Rob't Leoman,
Thom : More,
28"» 12'»» A, 1642.
John Kitchin,
Thom: Tresler,
WUU: Robinson,
Hugh Cawkin.
Henry Harwood.
♦Made free at the 2^ Session of Salem Cot, the 28 : 12 A, 42.
16 4 3.
10 May.
[♦28.]
Rich : More,
Hugh Stacye,
M' Thom : WaUis,
John Scot,
Isaack Wheeler,
John Ward,
Thom : Averv,
Edw<* Beachamp.
Made free the 10«» 3«» A, 1643.
Andrew Lister,
♦Thom: Goodnow,
Rob't Dants,
Henry Looker,
John Parmenter,
wmi : Ward,
John Newton,
John Thurston,
MISCELLANEOUS
BECORDS.
293
Christo : l^myth.
Nathani : How'd,
Edw** Sheopard,
1643.
John Guile,
Bich : Way,
Dan : Stone,
'- y '^'
John Plunton,
Bob : Williams,
Tho : Danforth,
10 May.
John Knights,
John Mansfeild,
Andi* : Stephenson,
John Jackson,
Franc James,
Willi : Manning,
Nathan Fiske,
Bob't Procto',
Henry Symons,
Geo : Parkhnrst,
WilU : Fletch',
John Tydd,
John Pratt,
Willi: Vincen,
John Wright,
Thorn : Beard,
John Woode,
Benia : Butterfeild,
John Amol,
Hen : Bridgham,
Edwd ^vinn,
John Hollister,
Bob't Mader,
Nicho : White,
James Prest,
Geo : Barrell,
John Hollister,
Nicho : White,
Bich: Bawlen,
James Prest,
JefFry Turner,
StronflJFurnell,
John IStnd'bant,
John Albye,
WiUi : Turner,
Peter Bracket,
Eodg' Billindg,
Isa : Colimer,
Natha : Herman,
Laurence Smyth,
Willi : Blanton,
Sam : Adams,
Willi : Ware,
Miles Tarne,
John Hastings,
•
Bich : Evans,
Natha : Norcross,
John Whetley,
Willi : Trescot,
James Morgan,
Willi : Phese,
John Gumell,
Bob't Pepp,
John Shephardf
Henry Woodworth,
Bich : Hildrick,
Tho: Adams.
♦Made free the 29"» 3'^ A,
1644.
164 4.
Cap : Dan : Gookens,
Bobt Gowing,
John Smeedly,
28Ma7.
Faithfull Bouse,
John Tjake,
Thom : Fox,
rw]
Bob't Leach,
Thom : Trot,
Baptize Smeedly,
Faintnot Wines,
John French,
Ste : Streete,
Willi : Bachiler,
Bich : Haule,
John Maynard,
Willi : Smith,
Nicho : Boulton,
Philip Tory,
Willi : Green,
Henry Cunlithe,
Bich'd Wooddy,
Jlob't Feild,
Natha : Partridge,
Edmo ShefeUd,
Thorn : Marshall,
Tho : Dyer,
Lewes Joanes,
Boger Toule,
Edwa : WUder,
Tho : Chamb'liii,
Edw^ Witheredge,
Jos : Phippen,
John Bussell,
Tjono : Prout,
John Blacke,
Allen Conv^se,
Geo : Spere,
Jasp Bush,
Lamb^ Sutton,
Symon Bird,
John Gay,
John Carter,
•
Hen: Powning,
Bich: Goard,
James Park'.
Thom : Webster,
♦3 A, 1646, made free.
16 4 5.
Harb't Pelham,
Abraha°^ Hawkins,
George Halsall,
M«r.
Joseph Hill,
Abra: Hackbume,
Abr : Parker, .
[•78.]
Mathewe Smith,
Sam : Fellows,
George Davies,
^ ^
294
MI3CELLANK0US RECORDS.
1C45.
May.
[•79.]
16 46.
6 May.
r»l2-4.]
1647.
2« Mar.
[•16^.]
[•163.]
Rich : Newberrv,
Natha: Bishop,
John Stimson,
Thorn : Line,
Antho : Fisher,
Thorn: Ilichards,
Willi : Pardon,
Thom : Holbrooke,
George Allen,
Willi : Davies,
John Jones, stud :,
Sam: Stowe,
Ed^v** Jackson,
Nicho : Wife,
John Watson,
Hugh Griffin,
John Langford,
Rich : Newton,
John Toll,
Jeremy More,
Peet' Aspinwall,
Edw^ Wyat,
Kich : Leeds,
James Umphryes,
Mathew Day,
John Lewes,
Nathani : Hadlock,
John IliU,
Fran : Ileman,
John Gingen,
John ILiMies,
John Looker,
Tho: IJuckm'",
Alex : Baker,
Thom : Collier,
Isa: Larned,
John Wvman,
Dani : Bacon,
Ralph Hill,
Rich : Curtesse,
John Clepp,
♦Ro : Chaulklv,
Rich : Blacke,
James Nash,
Benia: Thwinge,
Samu : Divvies,
Rich: Bullock,
Abr : Harding,
Christo : Webbe,
Thom : Barrill,
John Morlv,
Henrv Blacke,
Edw** Gilman,
Lamb't Genen',
John Gaye,
Sam : Miles,
John Daming,
Ralph Day,
Micha: Medcalfe,
Sam : Sendall,
W" Hely,
Hen : Fimam,
Thom : Roberts,
Rob't Jenison,
John Warren,
Edw* Devotion,
Hen: Chamb'line,
Vincent Ruth,
Thom: Barnes,
Joseph Und'wood,
Hen : Evance,
John Fownell,,
Sam : Bright,
WiUi : Wenbane,
John Bird,
Harman Atwood,
Natha : Greene,
Franc Grissell,
John Rydeot,
*W" Parsons,
Thom : Thacher,
Rob't Longe,
Thom : Reeves,
Nicho : Chelett,
Georg : Dqwdy,
Hen : Aldridge,
WilU : Patten,
Eliiah Corlet.
♦Made free y« &^ 2f^ A, 1646.
Thom : Gardn^
Ben : Crispe,
W°» Parv,
W" Dawes,
Hen: Modslcv,
Joel Jenkins,
Henry Thorpe,
Geo : Woodward,
Charles Stcmes,
John Wincoll,
Willi : Duglas,
Peter Place,
John CoUens,
Rich : Everad,
Josua Kent,
Rob't Onion,
Andrew Dewing,
Antho : Fisher,
Tho : Joanes,
Isa : Walker.
♦Made free 26*^ 3^^ A, 1647.
James Green,
Tho : Carf, lu :,
Mighil Smith,
JIauus Sally,
James Pike,
Rich'^d Harrington,
Sam : Carter,
John Wavte,
Law : Dowse,
W™ Bridges,
Edw^ White,
M' John Wilson,
W™ Harvv,
W" Kerly,
AII3CELLAXE0US IlKCORDS.
295
Rich: Neuton,
Jo)iah Clooke,
John Metcalfe,
164 7<
Thom : Tayer,
Thom : Huit,
John Bakon,
V— V —
John Nyles,
John Smith,
Henry Wight,
26 May.
John Stebbeu,
Bartho : CheV,
James Allen,
John Whitny, lu :
, John Miriam,
Natha : Adams,
Moses Payne,
Franc Kendall,
W'« Holbrooke,
David Fiskc,
W^" Cotton,
Thom : Dun,
David Stone,
George !Munioy,
Thom : Foster,
Philip Cooke,
Rich: Hassall,
1 horn : Prat,
John Harris,
W"> Butrick,
Rob't Rendell,
Thom : Boyden,
Geo : Barber,
Tho : Poget,
Samu : Danford,
Ro: Wares,
Geo : Davies,
Willi : Ames,
Thom : Jordan,
John Peirson.
Dani: Kempster,
• .
♦'
Made free at Springfeild, 13*'* 2
ifi, 1(U8.
164 8
John Pynchon,
Henry Burt,
Samu : Wright,
13 April.
[*201.]
Elitzar Holioak,
Roger Prichard,
Willi : Branch.
♦Made free the 10*^ of the 3^ A, 1648.
[♦202.]
M' Edw* Denison,
Willi : Daniell,
M' Sam : Mather,
10 May.
Georg : Denison,
Rich: Haidier,
Alex : Adams,
Thom : Osburne,
W"» Ncedam,
John Staple,
Benia: Xegus,
Samu : Basse,
Benia: Negus,
Thom : Hartshorn,
John Cliicklv,
Heniy Allen,
Thom : Kendall,
James Pemberton,
John Peerce,
W"* Hooper,
Philem : "NA'halc,
Svmon Tomson,
Edw* Tayler,
Heniy Ric^,
Bartho: Persune.
Rich : Holbrooke,
^V Sam: Danfoith,
* 16-49, the 5*'* 2^ ift, made free at Springfeild.
Thom : Cooper, Griffin Jones, David Chapin.
1649.
6 April.
J fade free the 2'* of the 3'*
i?i.
[•227.]
M' Willi : Browne,
(i arret Church,
Cornel i : Fisher,
2 Hay.
Joseph Farnworth,
Josua Stubbs,
John Blanchard,
Rob't Brick,
John Butler,
John Hull,
John Maynard,
John Turner,
John Hanvood,
Alexand' Feild,
Ihoui : Sacetell,
Willi : Merriam,
Jona: Michell,
Samu: Hides,
Nathani : Stemes,
Samu: Haward,
Thom : Baker,
Peter TiVon.
Rofct Browne,
•Josua Fisher,
[•228.1
3 : 3 A made free, John Ward.
3 May.
GENERAL INDEX
GENERAL INDEX.
Abbot, George, of Rowley, deceased, case con-
cerning his will referred to Salem
Court, 215
Acadia, negotiations for treaty with, . . 157, 159
See D'Aulney and Latour.
Accounts, committee on, appointed, . . . .136
auditor of, appointed, 141
Actions at law : costs, and a fine, may be im-
. posed upon either party, as j ustice may
require, 3
to be commenced in inferior courts, and to
be heard in General Court only upon
appeal, 16
in case of debt, account, &c., to be tried
where one of the parties resides, . . 16
other, to be tried where the cause of action
arises, 17
juries to determine matters of fact in;
judges to declare the sentence of law
thereon, or may direct juries to find
according to law, 21
fees for entry of, unless in fonnk pauperis, 28
trial of, to be by disinterested judges, . . 39
fees for entry of, to be collected by the
marshal, 44
attachment granted to non-residents on
conditions, 80
in attachment of goods, &c., notice to be
given to defendant, or left at his
house ; judgment against defendant
absent, not to be executed before
bond for costs in case of reversal, . . 80
parties to pay costs to the Court for time
consumed in, 144
may be tried without six days' notice to
defendant, when a stranger is a party, 163
Actions at law, prosecution ot, vexatious or ma-
licious, to pay treble damages, . . .181
orders concerning the making of attach-
ments, levying executions, &c., . .187
six days' notice by sunmions, to include
days of service and appearance, . .194
witnesses, 204
instructions to marshal as to levy of exe-
cutions, 204
in executions, household goods, tools, &c.,
exempt from levy, 204
plaintiff to have choice as to the place of
bringing, 209
fees due the Court for judgments, . . .215
regulations concerning pleadings, appeals,
&c., 219
decision concerning assault and battery, . 255
parties forbidden to ask advice of those
who are liable to try the case ; such
advice may be pleaded in bar, . . . 279
declaration to be filed three days before
trial ; actions to be entered on the first
day of the term, 219
See Appeals.
Adams, Christopher, 128
Henry, 128
clerk of the writs for Braintree, . . .165
Henry, Jun., 128
John, 128
Nathaniel, 271
Samuel, 128
Thomas, 128
Addis, Adis, William, 90, 183, 236
Administration of estates, proposal for unifor-
mity of, in the United Colonies, . . 268 "^
Administrators, order concerning, 287
(299)
300
GENERAL INDEX.
Adultery, measures for the prevention of, . .211
Adventurers, organization of a free company
of, for Indian trade, 60
Agent of the colony, proposition to send Mr.
Winslow to England as, . . . 161, 162
committee appointed to copy instructions
and documents for, 171
approval of instructions to, &c., . . . .185
£100 raised from Boston and the nearest
towns for, 218
Ahauton, an Indian, 24, 27
Alarms, regulations concerning, see Military
affairs.
AlcockjJohn, 192
division of the estate of, 165
Samuel, 165
Aldridge, George, 128
AUstry, Paul, 248
Allen, Bozoon, 30,51, 80, 113, 166
commissioner for Hingham, . . . 157, 166
clerk of the writs, 166
dismissed from Court, 192
lieutenant at Hingham, 252
deputy, 33, 66, 96, 146, 186
Edward, 28, 162, 164
deputy, died at court, 22
John, pastor of Dedham, 200 acres of land
granted to, 52
to be paid for money advanced for the
agent of the colony, 284
Mr., 13, 109, 128, 166, 218
Allerton, Mr., [Isaac,] 6, 8
to be paid his account upon proof thereof, 115
Isaac, paid by Treasurer, 136
Ambros, Henry, 76
Anabaptists, order for banishing^ 85
Court votes not to alter or explain law
against, 141
petition of the inhabitants of Dorchester
and Roxbury for continuance of laws
against, granted, 149
proceedings against^ 253
See Edward Starbuck.
Andover, 192, 225, 242, 256
formerly called Cochickawick, . . . .159
commissioners appointed to lay out high-
ways from, 258
Andres, William, 4
Andrews, Andrews, Andros, Mr., of England, . 80
thanks returned to, 27
committee appointed concerning the gift of, 39
letter of thanks to, 86
donation of, distributed, 89,113
Andrews, Mr., committee appointed to go to
Plymouth and settle affairs of, . . . 32
Andrews, widow,* 184
Anthony, Adwa, 10
Appeals, reasons of, to be in writing, .... 279
See Actions at law.
Aquidnee, inhabitants authorized to buy a
barrel of powder, 44
Archibectoo, 84
Armin, Lady, donation from, for Christianizing
Indians, 189
Armitage, Groodman, [Joseph,] 58
Joseph, 76, 148
licensed to sell wine, 262
Goody, allowed to keep an ordinary, but
not to draw wine, 46
Arms, seized from Indians, to be restored, . . 27
repair and distribution of, 24, 25
military officers to direct carrying of^ . . 38
inhabitants to have, ready fixed for service, 67
surveyor authorized to sell to inhabitants, 140
surveyor ordered to gather all belonging to
the country, 73
public, to be gatheied by the surveyor, 84
accounts of, loaned out to be sent to the
surveyor, 102
preparation of, made against the Indians, . 122
surveyor general ordered to prepare for ex-
pedition against the Narragansetts, . 124
£10 granted to surveyor general of, for His
services, 271
surveyor of, authorized to purchase pow-
der and lead with certain funds, . . 82
See Captain Stoughton.
surveyor of, authorized to sell for com, &c., 31
Arms and ammunition : leather guns to be pro-
cured on trial, 219
regulations concerning size of muskets,
&c., 134, 222
procuring of, by poor soldiers, 222
places for safe keeping of, to be provided
by towns, 222
powder delivered to Mr. Saltonstall, &c., . 46
the Treasurer to buy powder with the pro-
ceeds of stock in the hands of Mr.
Prichard, 78
powder not to be transported out of the
colony, 136
safe place to be provided for powder by
the surveyor, 175
powder to be bought by the surveyor, 239, 268
United Colonies urged to purchase powder, 268
powder not to be loaned without order from
the General Court, 271
£200 to be expended for powder, .... 282
selectmen ordered to provide, at town's
charge, powder, ball, &c., .... 282
GENERAL INDEX.
301
t-
Arms and ammunition : surveyor's contract for
powder to be made good by the Gen-
eral Court, 288
Arnold, Benedict, . . . . 26, 41, 48, 129, 198, 228
guide and interpreter to Leverett and
Hutchinson, 24
and others, settlement of, taken under ju-
risdiction of Massachusetts, .... 27
paid for services as guide and interpreter, 38
allowed to sell powder and shot to Pum-
hom and Sochonocho, 61
sent to the intruders upon Pomhome and
Sacanonocho, 117
is desired to receive £17, or certain stores
for safe keeping, 134
allowed to carry corn to the Indians ; also
instructed to recover wampum due
from Pessicus, 231
William, 26,27,35,228
to buy corn of Pessicus, 198
paid for corn furnished Pumhome and
the Indians, 240
payment allowed to, for services, &c., . 258
Aspinwall, William, 41, 60, 184
restored to freedom upon petition, ... 3
clerk of the writs for Boston, 45
chosen recorder pro tem., 84
appointed notary public, 86
Mr., [William,] 163
Artillery sermon, leave granted to print, with
consent of Mr. Norton, 71
Company, powder given to, for the funeral
of Governor Winthrop, 270
Assault and batter^', action of, may be tried
here, though the cause of the action
was in England, . . 255
Assembly of elders at Cambridge presented
with wine by the General Court, 194, 195
Assessors to take census and valuation in each
town, and their reports to be sent to tho
Treasurer, 174
Assistants, to be voted for with black and white
beans, 42
to have immunity from taxes for three
years, on £500 estates, 101
new plan for choice of, 210
election of, 20 candidates to be balloted
for, the 18 highest to be propounded at
the Court of Elections, 286
Associates, oath of, 5
Atherton, Humphrey, 35, 39, 41, 47, 109, 115, 134,
136, 137, 163, 176, 239, 245, 264
appointed lieutenant of the force sent to
arrest Gorton, 44
paid for services against Gorton, .... 53
Atherton, Humphrey, lieutenant under Major
Edward Gibbons, 123
captain at Dorchester, 146
commissioner at Dorchester, . . . 166, 194
deputy, 33, 96, 145, 238
Attachments, see Actions at law.
Atwood, Mr., 39
Aubin, St., , 120
Auditor, office of, established, and duties de-
fined, 141
Lieutenant Nathaniel Duncan chosen, . . 141
to examine houses, &c., for breaches of
excise law upon wines, • 148
authorized to search, &c., to collect wine
dutv 152
allowed to retail wines coming into his
possession, 215
committee appointed on accounts of, . .271
Auditor general, see Auditor.
Ayres, Mr., 13
Bachiler, Joseph, deputy, 55, 66
Mr., [Stephen,] not to be settled at Exeter, 68
difference with Hampton, 79
Bairstow, Michael, 200
Baker, John, wine seller at Ipswich, . . 87, 192
Nathaniel, 5
Nicholas, commissioner at Hingham, . .166
Bakers, to have a mark for their bread, . . .181
I Balch, John, 36
Ballard, William, 37
Mr., 132
Ballast, not to be cast into any harbor, ... 44
Baptism of infants, &c., a public assembly of
elders, &c., convened concerning, . .154
Baptists, see Anabaptists.
Barbadoes, 129, 218, 237
Barkley, Alderman, 135
Mr., [Alderman,] plaintiff, against Wil-
liam Tyng and others, 108
See Bartley.
Barlow, Bartholomew, 250
Barnes, Matthew, 136, 212
Sarah, 90
Mrs., 183
William, 236
, 183
Bamy, Jacob, deputy, 186
Barrel, see Cask.
Barret, Thomas, 128
Bartholomew, Henry, 98
deputy, 96, 145, 264
William, deputy, 186
Bartlett, , of Watertown, 98
Bartley, Alderman, 138
Barton, Marmaduke, 21
302
GENERAL INDEX.
Bass River, 265
Basse, Samuel, commissioner for Braintree, 35, 271
deputy, 23, 33, 55, 97, 265
Bate, Edward, commissioner for Weymouth, . 35
Goodman, 7, 10
Batt, Batte, Christopher, commissioner at Salis-
bury, 35, 190
deputy, 33
Batter, Edmund, 76
deputy, 22, 33
Mr., 13, 53
Bayes, Thomas, 37
Bayly, Edney, petition of, concerning settle-
ment of her husband's estate, . . .261
order concerning her husband's estate, . . 266
Captain John, 83
Joseph, 261,266
Richard, 266
^ 135
Beacham, Robert, his petition not granted, . .102
Beale, John, deputy, 265
Beales, John, 164
^ Beans, used for voting, 42
Beard, Thomas, 216
Beaver trade, see Fur trade.
Beck, Alexander, 160
petition of, concerning support of paupers, 139
allowed account for cure of sick prisoners, 153
account of, to be audited and paid, . . . 165
Beer, to be provided by all innkeepers, &c., . 286
Beers, Sergeant, 30
Bell, Thomas, executioner, exempted from
watching, 2Tl
Bellamy, Jeremiah, 5
Bellingham, Richard, 4, 13, 21, 22, 28, 31, 32, 39,
41, 54, 65, 67, 72, 83, 96, 109, 128, 145, 157,
159, 162, 169, 186, 196, 218, 239, 245, 271,
272, 286.
chosen assistant, 33, 66, 97, 146, 187, 238, 265
commissioner to hold Courts, 16, 58, 74, 153,
193, 219, 266
account of, to be given in, 38
his account examined and approved, . . 46
£50 granted to, for services as Governor, . 53
is desired to finish the revision of the laws
begun while Governor, 61
Mr., his gun delivered to him from the
Castle, 141
William, appointed to solemnize mar-
riages at Rowley and Newbury, . . 14
Bendall, Edward, is allowed to use the cables,
&c., in removing the sunken wreck, . 3
appointed to bring away anmiunition, &c.,
from Castle Island, 45
petition of, concerning a squaw referred, . 273
Bendall. Edward, petition of, for a patent for a
diving tub refused, 273 -^
petition of, for law against stealing wharf-
age, 273
to record marks, &c., of horses, .... 280
collector of customs, 284
Benjamin, Abigail, 183
Mary, a minor, will of, not admitted to
probate, 183 -f*
Bent, John, commissioner at Sudbury, ... 35
Bermuda, 167
Bibble, , allowed to keep an inn at Hull, . 74
Bidfeild, Samuel, 250
Bills of exchange paid by the Greneral Court, . 134
may draw above £8 per cent., 48
Bircham, Burcham, Edward, commissioner, &c.,
for Lynn, 97
clerk of the writs and recorder, . . . .153
Biscoe, Mr., 52
Bishop, Mr., [Townsend,] 58
Thomas, 184
Blackleach, Mr., petition concerning the
Moors referred to the elders, .... 67
Blanton, William, authorized to keep a cook's
shop near Roxbury, 215
Blasphemy, to be punished with death, . 176, 177
Blesdall, Blesdale, Ralph, wine seller at Salis-
bury, 147, 190
Block Island, 23
Boston, 7, 10, 21, 26, 29—31, 38, 46, 52, 57, 61, 88,
89, 102, 112, 128, 130, 131, 133, 140, 163,
164, 169, 173, 184, 218, 225, 226, 228, 229,
240, 250, 255, 258, 270, 280.
taxes of, 14
highway from Winnisimmet to the written
tree to be changed during repairs, . . 28
is directed to mend the way from Winni-
simmet to the w^ritten tree, .... 50
William Aspinwall, clerk of the writs for, 45
police regulations of, committed to Ser-
geant Major Gibbons, 116
and Charlestown to have 2 barrels of pow-
der to return the salutes of vessels, . 150
is allowed another barrel of powder for
salutations, 188
one barrel of powder for salutation of
ships, granted to, 239
is abated part of its fine, 168
shoemakers of, incorporated for three years,
with power to regulate their trade, . 249
and Charlestown coopers incorporated for
three years, with power to regulate
their trade, 220
and Charlestown, vintners are granted the
monopoly of wines for five years, . . 253
GENERAL INDEX.
303
Boston; is allowed to hold two fairs a year, . . 257
farmS; 115
Bosworth, Edmund, 5
Nathaniel, 5
Boulter, Nathaniel, 273
Bourne, John, of Salem, 275
allowed to open a cook's shop in Salem, . 147
Bourne, Borne, Nehemiah, 141
appointed major of Suffolk regiment, . .124
6 diakes andsakers loaned to. 1H3
to give security for loan of drakes, &c., . 164
Boyes, Boyse, Boyce, Matthew, . . . . 4, 32, 43
conmiissioner at Rowley, 242
deputy, 33, 54, 66, 97
Goodman, [Matthew,] 13
Bozwell, Isaac, order concerning stray heifer
taken up by, 190
Bracket, Peter, 165
clerk of the writs for Braintree, .... 57
deputy, 96, 146
Richard, 128
£3 granted to, from Mr. Pocock's estate,
for care of Thomas Owen, .... 21
Bracket, Backet, deputy, 55
Bradbury, Thomas, ensign at Salisbury, . . .231
Bradford, Mr., 39
Bradfltreet, Simon, 20, 23, 35, 36, 48, 51, 54, 69, 79,
83, 96, 99, 109, 110, 111, 138, 159, 186
chosen assistant, 33, 66, 97, 146, 187, 238, 265
commissioner to hold Courts, . 16, 37, 193
commissioner for United Colonies, 69, 239, 265
substitute for commissioner for United
Colonies, 146, 187
partner in trading company, 138
Braintree, 7, 26, 30, 35, 38, 57, 89, 112, 123, 165,
199, 225, 244, 262, 271
taxes of, 14
committee appointed to settle highway in, 10
and Weymouth highway, .... 40, 271
to be abated 10s. in next levy, . . . .116
petition of, answered by reference to order
of 1643 concerning common fields, . 149
Bread, weight of loaves of, regulated by a table
of prices of wheat, 181
stuffs, duties on, 269
Bredcake, Thomas, two small guns from Win-
ter Island, granted to, 79
Captain, Thomas, commission against
Turkish pirates granted to, .... 83
Brewen, Obadiah, commissioner and clerk of
the writs at Gloucester, . . . . 35, 98
deputy, H 186,238,265
Mr., . . 30
Brewers, order restraining sales by, repealed, . 7, 10
B riant, Thomas, servant of Mr. Allerton, . . 6, 8
Bridge, John, 28, 80
Bridges, accidents from defective, . . . 228, 229
Bridges, Edmund, summoned to answer for not
shoeing Mr. S^THonds's horse when
about to come to Court, 196
Robert, . 13, 32, 110, 139, 140, 159, 186, 283
Captain Robert, Assistant, . . 187, 238, 265
commissioner for Lynn, 73
Captain, associate for Salem Court, ... 68
attendants provided for, 133
£10 granted to, for services in negotiation, 165
deputy, 55, 66, 96, 146
Brigham, Sebastian, wine seller and innkeep-
er at Rowley, 87
captain for Rowley, 187
deputy, 146
Mr., deputy, 186
Brook, Lord, 167
Brooke, Brooks, Thomas, deputy, . . .22, 33, 66
Browne, Edward, 67
[Hugh,] of Bristol, petition to Parliament
concerning seizure of his ship, . . .113
petition of General Court concerning
the same subject, 121
James, commissioner at Newbury, . 73, 191
Nicholas, conmiissioner for Lynn, ... 73
Richard, 256
commissioner at Watertown, .... 98
appointed to marry at Watertown, . .166
petition for land, 163
land at Dedham village granted to*, . . 283
deputy, 145, 186, 238, 264
William, 273
and others, appellants, against Tuttle, . 198
conmiissioner at Sudbury, 245
200 acres of land granted to, for £25 stock
of his aunt, Ann Harvey, to be laid out
west of Sudbury by Lieutenant Willard
and others, 266
Mr., 205
Bryant, see Briant.
Bulkeley, John, 53
Bunn, Edward, 5
Bunnell, Goodman, [William,] 139
committee appointed (Sparhawk and Ma-
son) to take charge of children of, . .134
to be provided with 30s. worth of clothing
in England by Messrs. Maverick and
Manning, 149
Bureau, (press,) made for the safety of the
records, 208
Burglar, homicide of, justifiable, 212
Burglary, punishment of, at pleasure of Court, 22
Burning wood, timber, or other property, to be
paid for twofold, 180
304
GENERAL INDEX.
Burning lands to be at a specified season, . . 1 80
A- Busbey, Nicholas, 348. bounty granted to, for
cloth made before repeal of the order, 51
Butchers, care of hides by, 18
Cakebread, Ensign, 30
at Sudbury, 28
See Bredcake, 79, 83
Calves, order restraining killing of, at certain
seasons, repealed. 37
Cambridge, 11,26, 29—31, 38, 46, 50, 86, 88, 89,
112, 116, 128, 130, 137, 140, 173, 187,
209, 217, 218, 225—227, 255, 356.
taxes of, 14
fined for negligence in respect to powder, 27
toWoburn, committee (Converse and oth-
ers) appointed to lay out highway
from, 36
Shawshin granted to, 62
John Russell, clerk of the writs at, ... 98
General Assembly at, 154, 200
platform of church discipline, 285
Canary merchants, 132
Cape Ann and Ipswich boundaries, .... 4
Carder, Richard, adherent of* Samuel Gorton,
confined to Roxbury, 62
Carlton, Carleton, Edward, 201, 202
deputy, 54, 66, 146, 186
Mr., [Edward,] .... ^ 79, 147, 148, 208
commissioner at Rowley, 242
deputy, 97
Carpenter, WilUam, 26
deputy, 33
Mr., 218
Carr, George, Ram Island granted to, while fer-
ryman at Salisbury, 265
petition for change of ferry regulations
referred to next Court at Salis-
bury, 276
Casks and barrels to be gauged and branded, . 29
Castle Island, granted to Captain Gibbons until
wanted for fortification, 45
Edward Bendall to bring arms, &c., from, 45
Castle Island fort, anmiunition and ordnance
to be removed from, and sold by Cap-
tains Sedgwick, Gibbons, and Cooke, 36
towns in the bay allowed to repair and
arm, 57
£100 per annum granted upon the comple-
tion of, also £100 towards defending
the passage by Bird Island ; 5 barrels
of powder granted to; fort still the
property of the colony, and not of the
towns repairing it, 57
persons repairing, authorized to appoint
commander pro tem., 61
Castle Island fort, commission and instruc-
tions for commander of, . . . .66^64
commission confirmed with additional in-
structions to Richard Davenport, com-
mander, 65
commission of commander in force till
next Court, 68
£100 annual allowance, to commence upon
completion, 73
towns repairing to choose a commander, if
they like not Mr. Coitemore, whom
the General Court proposes, .... 74
£50 out of the £100 allowed to the cap-
tain, 83
£50 granted for a house for captain of, . 83
Lieutenant Davenport chosen captain
of, 83
orders concerning maintenance, discipline,
&c., of the garrison, duties of cap-
tain, &c., 107
form of warrant to constables to gather
men and money, 115
£50 granted towards captain's house, and
£100 for fort, £20 for a boat, support
of to rest 10 years on the 5 towns, . .130
captain of, authorized to demand and re-
ceive anchorage and tonnage from
ships, 131
constables of the 5 towps authorized to
levy taxes for the completion of, . .133
Boston, Roxbury, Dorchester, Charlestown,
and Cambridge to finish their under-
taking, or be fined, 140
warrants sent to the 5 towns, enjoining
the fulfillment of engagements, . . 102
committee appointed concerning comple-
tion of, by the 5 towns, on petition of
Captain Davenport, 197
to be finished, and men impressed, . . .197
arrears of fines, &c., granted for mainte-
nance of; committee appointed to im-
press men for, 239
apportionment of expenses among the 5
towns, and order concerning garrison
at, 255
commander of, is granted custom on wines
for 4 years, as part of support, . . . 260
officers' salaries to be paid by Treasurer, 260
the garrison of, is granted one half the
wood on Lovell's Island, 263
Catholic priests and Jesuits forbidden to repair
to or come within this jurisdiction, . 193
Cattle, order concerning herding of, repealed, . 14
damage by, through lack of fence, not ac-
tionable, 15
GENERAL INDEX.
305
Cattle, damage feasant, may be impounded, . 15
f to be marked with pitch, 190
order concerning trespasses by, . . . .190
penalty for resisting the impounding of, or
rescuing from pound, 220
town marks for, 225
Cauklin, John, 137
Cauldwell, John, 48
Cauie, Thomas, allowed to keep a victualing
house, 98
Caulking, Hugh, conmiissioner for Gloucester, 98
Cavalry corps, formation of, encouraged, . . . 243
members of, allowed discount on their
taxes, 280
Census of m<ale citizens, 37
of males between 16 to 60 ordered, . . .151
of each town to be taken by assessors, . .174
Chafe, Matthew, 274
Chaffey, Thomas, 5
' Chaffye, Goodman, 129
Chalice, Sergeant, 30
Challice, Philip, 38
Chamberlin, widow, is granted aid from the
.gift of Mr. Andrews, 113
Chambers, William, 283
Champernoone, Francis, plaintiff, against Wil-
liam Paine, 241
Chandler, Chanler, John, 136, 212
Chandler, , i 283
Charlestown, 8, 10, 26, 29, 30, 31, 36, 38, 45, 46, 52, 68,
83, 88^ 89, 112, 130, 131, 140, 148, 150, 166,
169, 173, 218, 225, 226, 229, 240, 250, 255
taxes of, 14
Sergeant Major Sedgwick intrusted with
the conservation of the peace of, . .116
ferry, 200
vintners, 253
Lovell's Island granted to, 263
answer to petition of, concerning the com-
mon, near Mystic farm, 267
village, 17
conunittee appointed to fix boundaries
of, 11
called Woburn, 28
Charter, see Patent.
Chebacco marshes, 4
Cheesbrough, William, deputy, 23
Cheesbro, Goodman, 13, 28
Chickering, Francis, deputy, 66
Henry, 37
is granted leave of absence to go to
England, 198
deputy 22, 33, 55, 186
Child, Ephraim, commissioner at Watertown, . 98
deputy, . 145, 264
voi« II. 39
Childe, Robert, 75
Dr. [Robert,] 175
and others, committee appointed con-
cerning the petition of, 162
conspiracy of, persons implicated in, to
be ironed, or pay for a guard, . . .196
stock in the iron works belonging to,
sold, 199
Children, proper training of, 6, 9
military education of, 99
the committee appointed to have care of, . 45
striking or cursing their parents, to be put
to death, 179
stubborn and rebellious sons to be put to
death, 179
Christophers, 237
Church, George, sent to Ipswich to be tried, . 46
Church discipline, platform of, agreed upon at
Cambridge, referred to the churches, 285
service, 177, 178
and state, taxes for maintenance of, 60, 209,
210
Churches, to deal with members refusing to
take their freedom, 38 4-
of New England are desired to send el-
ders and delegates, to meet at Cam-
bridge to establish a platform of faith
and practice, 154
persons reproaching ordinances of, to be
fined, 177—179
8)mod of, is desired to prepare a form of
confession of faith, 200
Claims against the colony for money advanced,
to be paid, 175
Clape. Sergeant, 30
Clapp, Roger, lieutenant at Dorchester, . . .146
deputy, 186
Clarke, Clark, Christopher, 259
Daniel, 139
John, deputy, 27, 33
Katherine, settlement of her husband's
estate on petition of, 203
Thomas, 60
William, '. 110, 133
Mr., 79
appointed commissioner at Newbury, . 28
innkeeper, licensed, 173
Captain, £4 6s. granted to, against Captain
Partridge, 283
Mrs., to procure license of Salem Court for
selling wine ; and if licensed, to pro-
cure a godly man to attend to the
business, 193
Cleaves, Mr., the General Court thinks it not
meet to write to the eastward for, . . 41
806
GENERAL INDEX.
Clement, Clements, Robert, 242, 271
commissioner for Haverhill, 192
associate of Norfolk Court, .... 242, 266
deputy, 238, 265
Mr., deputy, 186
Clerk of the band, duties of, 117
of the deputies to be allowed £10, . . . 260
Clerks of the writs and commissioners to try
small causes hereafter to be appointed
by the Count}' Courts, 188
directed to record births, &c., 15
Coale, Robert, 26
Cobbett, Thomas, 183
Mr., [Thomas,] 200
Cochichawick, 38
now Andover, sale of land to, by Cut-
shamake, with conditions, . . . .159
Cochitawit, 17
Cochituit, 189
Coffin, Tristram, ferry keeper and wine seller
at Newbury, 194
Mr., [Tristram,] 266
Coggeswell, John, payment of debt from, for-
borne, 63, 115
Coke upon Littleton, 212
upon Magna Charta, 212
Coke's Reports, 212
Cole, Elizabeth) 205
wife of William, deceased, allowed a bill
of review on a judgment in favor of
Francis Doughty, 74
ne.w trial concerning a cancelled deed
granted to, 191, 205
order concerning, 257
declaration of the Greneral Court in rela-
tion to, 272
William, 205
Colebron, Mr., 54
Colebume, Mr., 205
Collector of customs, Edward Bendall ap-
pointed and sworn, 284
fees of, 284
Collicott, Collecot, Colcot, Edward, . 27, 31, 45
deputy, 23
Richard, 48
Mr., [Richard,] paid for his two journeys, . 54
Collier, John, 5
Thomas, 5
Collins, Edward, 137
Colony, property of the, 70
Commerce free to all trading ships in our har-
bors, 109
Commissioners of small causes to be appointed
by County Courts, 188
directed to keep records, 208
Conunittee, standing, appointed for 1643, . . 41
See Court, General.
Common, tenants in, 49
Conant, Roger, 36
Concord, . . . 11, 26, 30, 38, 51, 89, 112, 146, 225
taxes of, 14
taxes of, to be considered of, 98
on account of danger from Indians, no in-
habitants allowed to remove from, . .122
River, 12, 17
commissioners appointed to improve the
meadow upon, 89
a majority of commissioners for improv-
ing meadows on, empowered to act, . 99
Confederation against Indians, . . 31, 35, 36, 38
See United Colonies.
Confession of faith, 20C
Connecticut, 24, 79, 156, 182, 284
proposal for union with, ... 31, 35, 36, 38
letter to, concerning expenses, . . . . 16C
remonstrance against customs at, demand-
ed by, 182, 183
order of the Greneral Court concerning de-
mand of customs at the mouth of the
river from Springfield, 269
and New Haven, excise and impost to be
levied on goods passing through this
colony to or from, as retaliation for
dues levied at Saybrook, . . . . . 269
See United Colonies,
boundary line to be run again, if Connecti-
cut will produce its patent, and pay the
charge of survey, as Massachusetts
did, 264
last order concemmg survey of, defeated, 268
Connecticut River, 183, 224
Constables, powers and duties of, concerning
arrest of criminals, &c., 150
to carry black staves 5 feet long, tipped ^
with brass, 151
&c., committee appointed to press the gath-
ering of taxes and fines by, . . . .162
Converse, Edward, 11, 35, 36, 149
commissioner for Wobum, 35
Cooke, George, 76
Captain George, 39,44,111
deputy, 22, 33, 36, 55, 66
Captain, 11, 32, 39, 47, 63, 80, 83, 109, 128, 209
commander of the expedition against
Gorton, 41, 44, 45, 47, 53
deputy, 96
Joseph, lieutenant at Cambridge, . . . .137
discharged, 217
Samuel and Edward Allen, accounts be-
tween audited, 162
GENERAL INDEX.
307
Cooke, Mr., 164
Coopers, proposal for meeting ol, to regulate
their trade, 98
of Boston incorporated, 250
Com, 190
and other grain not to be transported out
of the jurisdiction, 240
Cosga, Henry. 32
Cotton, Mr. John, 183
Mr., [John,] 46, 109, 200
three different opinions of the elders
concerning the negative voice deliv-
ered in, by, 46
Coukclayne, Ananias, 137
Council to direct their warrants only to the
Treasurer for payment of money, . . 70
standing, book of Mr. Saltonstall concern-
ing, 5
▼indicated against Mr. Saltonstall's book, . 20
Counties, first division of the colony into, name-
ly, Essex, Middlesex, Suffolk, and Nor-
folk, , 38
County, lieutenants appointed for each, to call.
out troops in case of sudden attack, . 42
commissioners directed to forward copies
of each town's taxes within one month
after their meeting, 244
Court of Assistants, five magistrates to consti-
tute a quorum at the next, .... 85
adjourned on account of conflict with busi-
ness of the Greneral Court, . . . .191
to take cognizance of no case that may be
tried in an inferior Court, unless by
appeal, 279
Court of Elections, see Magistrates, Assistants,
Elections.
Court and jury, province of, in trials of actions, 21
Court, Greneral, members of, to be sworn to im-
partiality before proceeding to judg-
ment in civil or criminal cases, . . 7, 9
to try only cases on appeal, . . . . 16, 17
the opinion of the elders and others asked
concerning the negative vote of each
branch of the, 40
opinions of the elders delivered by Mr.
Cotton to, 46
cases showing origin of negative vote, 12, 89,
90
divided ; magistrates and deputies to sit in
separate houses ; concurrent action of
both necessary to every measure, . . 58
construction of patent by the elders con-
cerning powers of, 90, 96
decision upon said opinion, 95
law books provided for, 212
Court, General, the magistrates and deputies
of, to keep separate journals of, . . 259
instructions of^ to clerk and secretary, . . 259
records, papers, &c., directions for filing,
preserving, &c., 260
cases of difference to be determined by
the major vote of the, 285
no petition to be received after the third
day of the session of, 20
repealed, 165
petitioners to pay certain fees to clerk or
secretary to lighten expenses, . . .261
proposal that the secretary be elected by, . 285
orders of, to be sent to the towns forth-
with, 89
Mr. Pelham and others appointed comnut-
tee upon orders of, 140
committee appointed with plenary power
during recess of, with reference to the
arrest of Gorton, the confederation of
the colonies, Indians, &c., .... 46
committee of neighboring magistrates, &c.,
appointed to consider of petitions of
Maverick and Marshall, and to finish
business on hand, 54
adjournment of, 71
committee of, appointed concerning mis-
sion to England, Indian affairs, &c., . 87
provision of for meeting in case of urgent
need during the Indian war, . . . .125
penalty for departing from, £100, declared
to apply only to first session, . . « . 51
plan proposed for shortening sessions of,
by meetings of the deputies of each
shire to arrange the business in ad-
vance, 47
proposition to reduce numbers of, and
change mode of electing, 88
plan for reducing expenses of; shires to
support magistrates, and towns their
deputies ; Court to sit in turn at Bos-
ton, Cambridge, and Salem, . . . .140
order of, to consult with elders and others,
as to whether God does not expect
that magistrates and other officers be
reasonably paid, 67
magistrates and deputies free from ferriage
in attending, 84
host of, to be paid expenses for providing
for, 101,139
contingent expenses of, auditor ordered to
pay, 259
Court, inferior, in Boston, to have jurisdiction
to £100, 28
Court martial, 223
308
GENERAL INDEX.
Courts/ Quarter, law establishing, repealed, in-
stead of which a court is to be held
only twice a year, the GJovemor being
authorized to convene it for capital
trials, 286
Courts, County, to have care of civilization, &c.,
of Indians, . 84
to try no cases that may be tried by a ma-
gistrate, or by the commissioners for
small causes, 279
to have copies of the laws at public charge, 28
members of, related to either party, not to
sit as judges, .39
among Indians, 188
for petty causes to be held by selectmen
when the magistrate is interested, . .162
in towns for trial of small causes, commis-
sioners appointed or chosen to keep
record, and to be sworn, 208
Courtships, clandestine, forbidden under pen-
alty of jE5, 207
Covenant, general, for matters of religion and
civil liberties, letters written to the
United Colonies for advice concemlng, 6 1
Qowdall, John, conveyance by, to William Da-
vies, 134
Cojrtemore, Katherine, 233
Martha, widow of Thomas, deed of, to In-
crease Nowell and others, trustees of
property belonging to her son Thomas, 232
her marriage contract with Grovemor
Winthrop, 234
Thomas, 232,234
Mr., [Thomas,] proposed as commander of
the Castle, 74
Cradock, Matthew, mortgage from Thomas
Dudley to, 60
Mrs. Rebecca, (alias Mrs. Glover,) claim
for money disbursed, referred to au-
ditor, 226
Creed, or confession of faith of the churches, 200,
285
Crier in each town for goods lost, order con-
cerning, 14
Crimes, answers of the elders to questions
concerning penalties for, . . . . 92, 93
and penalties, directions to Court con-
cerning, 95
Criminals, proceedings concerning : estates of
persons charged with capital offences
confiscated, &c. ; fines imposed for
refusing to aid in capture, upon hue
and cry being raised ; to be carried to
prison at their own charge, if able, 181,
182
Criminal proceedings : magistrates authorized
to try petty offences at special Courts
under 40s. fine, or 10 stripes, . . . .192
trials, the costs of witnesses, &c., to be
borne by the particular delinquent, . 205
Crosman, Robert, .37
Cross, John, commissioner for Hampton, ... 10
Crosse, John, 45
Crumwell, — — j of Newbury, 6, 8
Curriers, not to be also tanners, 18
Curtis, Deodatus, 128
Cushan, Daniel, 113
Cutshamake, a coat granted to, 27
Cutshamacke puts himself and his subjects
under the government of Massachu-
setts, 55
allowed to buy 2 or '3 pounds of swan
shot, 148
sale of land by, to John Woodbridge, for
Andover, 159, 160
Cutter, William, 250
Cutts, Richard, suit concerning Waxmerton's
house, 150, 168
confirmed in possession of Wannerton's
house, 231, 232
Mr., 207
Daiton, Philemon, appointed to marry persons
at Hampton, 98
Dalton's Justice of Peace, copy of, to be pro-
cured, • 212
Dand, John, 277
to be discharged upon giving suitable ac-
knowledgment, &c., 205
his fine remitted, 241
Dane, see Dayne.
Danforth, Thomas, 209
Dartmouth, ship, action concerning, ... 79, 82
D'Aulney, Mens., GJovemor of Acadie, com-
missioners appointed to treat with,
concerning alleged wrongs received
by that colony, 157
See Latour.
vessel, stores, interpreter, and substitutes
provided for commissioners sent to
treat with, 159
Messrs. Endicott, Bellingham, and others
to draw up instructions to commis-
sioners sent to, 159
Davenport, Captain, Richard, . 115, 130, 164, 197
commission for, as captain of Castle Island
fort, 63—65
Lieutenant, chosen captain of the Castle, . 83
Captain, to be partly paid by children's
suits, in hands of Mr. Glover, . . .164
petition of, for aid to the Castle, . . . 239
GENERiiL INDEX.
309
+
Danes, James, 75, 185
commissioner for Hamptou, . . . . . 10
James, Jun., 192
Jenkin, 12, 13
upon petition of his wife, allowed to
leave off his rope, 54
John, 136, 212
Samuel, innholder at Winnisimmet, . .188
William, deceased, intestate, settlement
and division of estate of, 58
Sergeant, 137
Davison, Mr., 200, 248, 262
£100 paid to, due Mrs. Glover, .... 205
Day, Stephen, 47, 75
Dayne, John, the house of Mr. Chambers
granted to, having paid his debts and
educated his children, 283
Declaration, see Actions at law.
Dedham. 26, 28, 30, 38, 52, 89, 112, 147, 163, 218,
225, 256, 257
taxes of, 14
is granted three weeks to settle its boun-
daries, 50
inhabitants not allowed to leave, . . . .122
Mr. Wheelock to solemnize marriage at, . 136
title of the great swamp confirmed to, . .148
and Watertown, land between, allotted, . 184
is granted meadow land westward, for a
village, 283
Keayne, Brown, and Parker are granted
land adjacent to the new village of, . 283
Denison, Daniel, . . 110, 158, 159, 227, 256, 264
deputy, ... 55, 238, 265
Captain, [Daniel,] 39, 59
William, 198,256
Deputies, towns authorized to send but one, in-
stead of two, if they so desire, ... 3
proposal for choice of, for a whole year, . 47
changes proposed in election, &c., ... 88
law reducing to one fot each town suspend-
ed till after the next Court, .... 209
towns are desired to vote on the question
of sending one or two, 217
allowed to send one or two, at pleasure, 231
and magistrates, mutual negative of, . 40, 46,
285
and magistrates to sit in separate houses, 58
answers by elders concerning construc-
tion of patent as to powers of; allowed
legislative and consultative, but de-
nied ordinary judicial powers, save
upon appeal to the General Court, of
which they are part, 92, 93
decision of General Court concerning, . 95, 96
proposal for pay of, 67
Deputy Governors, names of:
Thomas Dudley, .... 146, 187, 238, 265
John Endicott, 33
John Winthrop, 66, 97
Dexter, Thomas, is granted two months to prove
his claim, 59
forborne £6 or £8 till next Court, ... 70
J trial with Robert Saltoustall post-
poned, 230
Dill, George, abated his part of forfeiture, . . 242
Dillingham, John, deceased, and Richard Sal-
toustall, committee appointed on ac-
counts between, 139
deceased, settlement of his estate by Rich-
ard Saltonstall, executor, account ap-
proved by committee, (Nowell and
Hibbens,) 144
Dillingham, Sara, 144, 145
Mr., deceased, 182
Dingham, Mrs., 165
Dixie, William, 110
appointed ensign at Salem, 146
Ensign, 133
Disobedience towards parents, 179
Dissections allowed once in four years, . . .201 f
Divinity students, encouragement of, . . . .167
Dogs, detected in killing sheep, to be hung, . 252 ?
Donations from England, committee appointed
to receive, 86
Dorchester, 26, 30, 31, 38, 46, 50, 89, 112, 116, 123,
130, 140, 146, 149, 163, 166, 173, 194, 218,
225, 226, 244, 255.
taxes of, 14
ferry and highway, committee appointed
to locate, 28
forty saker shot granted to, 70
and Weymouth, committee appointed to
lay out nearest road between, . . .136
petition of, for an island in lieu of Thomp-
son's Island, 258
line of, abated, 262
Braintree, and We3rmouth highway, . . 271
Doughty, Bridget, 205
Francis, suit with Mrs. Cole, 74, 191, 205, 257,
272
Dover, . 38, 57, 60, 62, 102, 131, 193, 225, 236, 253,
258, 282
and Strawberry Bank, dispute between, . 37
and Strawberry Bank, settlement of bound-
aries of, 45
commissioners for Piscataqua are desired
to hear the complaint of, 60
confirmed in possession of land claimed by
Strawberry Bank, ........ 71
mistake in polls corrected, 41
310
GENERAL INDEX.
f
Dover, admonished for choosing a new deputy
without summons, 41
and Strawberry Bank, a committee appoint-
ed concerning the pay for the board of
their deputies, 134
highway to Salisbury, 150
and Strawberry Bank, petition of, concern-
ing jurisdiction of Courts, &c., . . .175
Court, petition of Anthony £mery referred to, 62
Courts, 110, 153, 219, 242
Courts, see Piscataqua Courts.
Dover, John, paid for a journey to Connecticut, 27
Dower, law concerning, amended ; the County
Court to assign the widow personal
estate at discretion, 281
Downing, Emanuel, associate of Salem Court, 68,
276
deputy, 55, 66, 238
Mr., [Emanuel,] 22, 58, 68, 76
his petition granted, 62
settlement with, and account asked con-
cerning transportation of children, . . 89
Mr., to obtain evidence against Thomas
Morton, 90
committee appointed to collect debt from, 141
settlement of claims with Mr. Weld, . 162
tenant of, allowed to keep an inn under
direction of Salem, 241
Draper's Point, 265
Drinking healths, order against, repealed, . .121
Drunkenness and disorder, punished, . . . .100
laws to prevent and punish, 171
at inns, fcc, order to prevent and punish, . 257
punished by commitment to prison, and
by presentment, 281
Ducatour, rix dollar, real, &c., order fixing ex-
change of, . 29
Dudbridge, William, and others, appellants
against Tuttle, 198
Dudley, Dudly, Katherine, petition of, concern-
ing deed, 231
Samuel, 32, 79, 148
conunissioner at Salisbury, . 35, 73, 97, 190
associate of Ipswich Court, 191
associate of Norfolk Court, . . . 242, 266
deputy, 54
Thomas, 17, 20, 22, 31, 35, 38, 41, 54, 61, 65, 74,
76, 86, 87, 96, 109, 145, 158, 162, 186, 239, 245
chosen Assistant, 33, 66
chosen sergeant major general, ... 66
chosen Governor, 97
chosen Deputy Governor, 146, 187, 238, 265
commissioner for the United Colonies, 187,
265
substitute for, 146
Dudley, Thomas, redemption of mill mort* "^
gaged to Matthew Cradock by, . . . 60
order for delivering up mortgage deed to, 60
is granted X60 for services as Grovernor,
for 1645, / .... 165
and others, order for location of lands
granted to, 184
Dummer, Dumer, Richard, ... 138, 147, 227
commissioner at Newbury, 73
executor of Mr. Nelson's estate, 272, 273, 283
deputy, 66, 96, 146
Mr., [Richard,] 208
associate of Ipswich Court, 68
deputy, 186
Stephen, 184
Duncan, Nathaniel, 6, 8, 162, 176, 182, 196, 244,
246, 262, 263, 286
chosen auditor general, 141
deputy, 22,55,66,146
Lieutenant, [Nathaniel] . 13, 32, 39, 73, 78,
79, 109, 157
Lieutenant, deputy, 96
Mr., [Nathaniel,] .... 83, 159, 169, 218
Dunster, Mr., [Henry,] 28, 189
to be paid £16, by Mr. Stoughton, on ac-
count, ' . . 42
petition of, for the £400 and other gifts,
from England, referred to the next
General Court, 70
farm )aid out to, 114
to be paid £100 on account of debt due
him, 176
petition of, concerning claims of the col-
lege, 200
Dutch, meeting with, by commissioners of
the United Colonies, for settlement of
trade, &c., resolved upon, 263
the impositions being taken off, no action
needed, 267
Dwyte, Timothy, .37
Dyer, Thomas, licensed to keep an inn at Wey-
mouth, 74
commissioner for Weymouth, 167
deputy, 146. 186
Eales, John, located as beehive maker at
Newbury, lOl
Eames, Anthony, commissioner for Hingham, 157
[Anthony,] deputy, 55
Lieutenant, 113
Eaton, Mr., [Theophilus,] 245
Mr., [Nathaniel,] committee on estate of,
to render account, and a letter to be
sent to Virginia, 114
Education of children, order concerning, . . 6, 9
Education, military, of children, 99
GENERAL INDEX.
311
Edwards, John, house, &o., of, transferred to
Harman Garret, 32
*^ Elce, Roger, and Jane Lishan, permitted to
marry, thous:h not thrice published, . 79
Election of Assistants to be by beans ; other
officers by ballot ; mode of voting and
transmission as before, 220
See Assistants, and Magistrates.
4> Elections, £\0 fine for fraudulent voting at, . 48
Election sermon, by Mr. Mather, 62
leave granted to print, with consent of Mr.
Mather, 71
Eliot, Mr., [John,] 166, 188, 264, 268
Mr., £10 granted to, for his labors among
the Indians, 189
petition of, concerning sale of wine to In*
dians, 25%
Eliott, Francis, 128
EUice, Wilham, 128
Elsyng, H. cler. Pari. D. com., 34
Elvin, Mrs., 272
Elwell, and others appellants against Tuttle, . 198
Embezzlement by servants or workmen, law
concerning, 180
Emery, Anthony, 62
Endicott, ^ndecott, John, 48, 60, 54, 65, 96, 110, 145,
159
chosen Deputy Governor, 33
chosen Governor, 66, 265
Assistant, ...... 97, 146, 187, 238
chosen sergeant major general, 97, 146, 187, 238
chosen commissioner for the United Colo-
nies, 146, 187, 239
commissioner to hold Court at Piscataqua, 37
£20 advanced to, in anticipation of salary, 73
granted £100 salary as Governor, upon giv*
ing bond for repayment of money
advanced, 116
grant of 550 acres, to be located, .... 259
Engals, Robert, 252
See Ingalls.
England, committee appointed for correspond-
ence with, on public affairs, and to re-
ceive donations, &c., from, .... 86
revolution in, 69
English. William, commissioner for Hampton, 75
deputy, 146, 186
Sergeant, dismissed, 216
Enon, 38
name changed to Wenham, 44
Ensome, Robert, and others, wine duty abated
on petition of, 152
Entries, book of. ... - 212
Escheat, goods unclaimed by legal owner to be
seized, 182
Essex county, 60, 70, 88, 109, 128
includes Salem, Lynn, Enon, Ipswich.
Rowley, Newbury, Gloucester, Co-
chichawick, 38
copy of Court book made by Mr. Symonds
for, 48
Salem the shire town of, 83
Estate of the colony, Treasurer authorized to
inquire out and claim, 70
Estates, administration of, 287
Estowe, Esto, William, 30
to assist in ending small causes at Hamp-
ton, 45
deputy, 66, 238, 265
Everell, James, and others incorporated as a
company of shoemakers, 249
Executions, levy of, 187, 204
Executors, order concerning, 287
Exeter, 38, 44, 58, 103, 187, 188, 225
petition answered by the General Court, . 37
being found in Massachusetts patent is re-
ceived under its jurisdiction, ... 43
committee appointed to set out boundaries
of, from Hampton, 43
causes of, to be tried at Ipswich, ... 44
not to gather a church nor settle Mr. Batch-
elor until their divisions are settled, 67, 68
petition of, for meadows ; no action taken, 102
boundaries towards Hampton, committee
appointed to lay out, 1 48
to Winnisimmet, committees appointed to
lay out a highway, 192
Messrs. Ezekiel and Nathaniel Rogers and
Mr. Norton appointed to settle difficul-
ty at, 230
is refused exemption from taxes, .... 236
Eyres, Simon, 136
Simon, commissioner at Watertown, . . 34
Fairbanks, Fairebanks, Richard, 102, 110, 161, 184
licensed innkeeper, '^. 173
Goodman, [Richard.] pay of, 83
one of the company of traders, ... 86
Fairfield, Daniel, 12
allowed to work not more than 5 miles
from fioston, 61
on petition of Elizabeth, his wife, allowed
to depart, 273
John 36
Falsehood 104
See Lying.
Fast, appointed July 21, 1642, 16
desired by Greneral Court, if elders think
meet, to be kept September 22, 1642, 27
appointed June 1, 1643, for the sad con-
dition of our native country, .... 38
312
GENER^VL INDEX.
Fast, appointed October 5, 1643, 46
appointed July 3, 1644, for the drought and
sickness at home and troubles in Eng-
land, 71
appointed December 19, 1644, in regard of
our native country, &c., 84
appointed June 26, 1645, 103
appointed August 28, 1645, on account of
troubles at home and in England, . .123
appointed December 24, 1646, for England,
Bermuda, and New England, . . .167
appointed April 20, 1648, on account of
troubles in England and disease and
drought in the colonies, and in the
West Indies, 229
Faulkner, Edward, of Andover, licensed wine
seller, 242
Fences around common lands to be maintained
by the owners 39
Fenwick, Mr., 215, 246, 264, 268
claims Woronock by virtue of an older pat-
ent, 44
agent of, possessor of 2 guns in dispute, 167, 216
Ferries, order concerning free passage of magis-
trates and deputies not to apply to
their families, 154
Ferry, Boston and Charlestown, paid for pas-
sage of officers, 154
Winnisimmet, arrears of rent remitted, . . 32
magistrates free to cross, 32
rent remitted ; magistrates and others
free to pass, 90
Neponset, granted to John Glover, . . . 244
Newbury and Salisbury, . 246, 265, 266, 276
Ferry boats, regulations against over crowding, 170
Ferrymen authorized to demand pa3rment in
advance, 262
Finance : committee appointed to examine con-
stables concerning collection of fines,
taxes, &c., due, 161
Fines, secretaries or clerks of Courts, to send
transcript of, to the Treasurer, . . .144
for penal offences to be strictly paid, or the
party to be imprisoned, 153
arrears, &c., committee appointed to col-
lect, 239
Fires, kindling of, in the woods, law concern-
»ngj
180
damage from, caused by tobacco smokers,
to be paid for, 151
Firman, Mr., [Giles,] 14
Fisher, Anthony, deputy, 265
John, 75
Joshua, 50
lieutenant for Dedham, 258
Fisher, Joshua, referred to the usual committee
for composition, 273
Fisheries : order on petition of Marblehead con-
cerning use of harbors for drying fish,
&c., 147
Fiske, Phinehas, keeper of an ordinary at Wen-
ham, 200
allowed to sell wine at Wenham, . . . 242
William, licensed to keep an ordinary, . 57
wine seller at Wenham^ 87
dismissed, 216
deputy, 186, 265
Flatman, Thomas, 128
Flats, common, for gathering marsh grass for
thatch, order concerning, 284 -f-
Flint, Thomas, .... 54, 89, 96, 99, 145, 186
chosen Assistant, 33, 66, 97, 146, 187, 238, 265
Mr., 17, 20, 22, 50
Fog, Mr., salary from Salem Court, .... 71
Foot, Mr, agent of,, authorized to proceed to
judgment against agents of Foxcroft, 75
Forgery, to be punished by pillory, restitution,
and disability to testify, 181
Fornication, punishment of, 21
Fosditch, Stephen, 197, 257
Foster, Hopestill, appointed ensign of Dorches-
ter company, 146
Thomas, petition for money due him, . 162
£30 per annum granted to, for the term
of service, 176
Foulcher, John, 97
Foulsham, John, 113
Fowle, Foule, Creorge, 30
Thomas, 2 small guns granted to, . . . 79
petition concerning Madame Latour and
Alderman Barkley, 135
Mr., t . . . . 157, 162
Foxcroft, Mr., David Yale agent of, . . . 66, 75
suit a^inst, by the agent of Mr. Foot, . . 75
Franco, Solomon, supported till he can get pas-
sage back to Holland, 273
Franklin, William, referred to the magistrates
concerning a second trial for his life, 71
Freemen, church members refusing to take the
oath of, to be deah with, 38 -*■
law restricting town officers to. repealed, .197 4^-
members of churches refusing to become,
order concerninsr, 208
French business, commissioners appointed to
examine witnesses concerning, . . .109
French, John, 128
William, 137
lieutenant at Cambridge, 187
Sergeant, 30
Frier, Elizabeth, 86
GENERAL INDEX.
313
Fuller, Edward, 48
Funnell, Mr., commissioner for Strawberry
Bank, 70
Furber, William, deputy, 238
Fur trade, of the Company, committee appoint-
ed to confer concerning the, .... 83
order concerning, approved, 110
Fur traders, conmiittee appointed to take
names and accounts of the, .... 44
James Penn appointed to take account
of what is due from, 117
Furs, beaver, &c., traders in, desired to account
for taxes due, 3
traders in, to give an account of the wam-
pum, 27
and Indian trade, proposals for granting
monopoly of, for 10 years, .... 86
duty imposed upon beaver, otter, bear, and
moose skins, 225
duties on, 269
Gage, John, 4, 36
Gainer, Thomas, 247 — 249
Gamer, Thomas, records transcribed on pe-
tition of, 274
Gaming, prohibited under penalty of treble
forfeit, 180
Gardner, Edmund, paid by Ipswich, .... 153
committee conceming saltpetre, . . . .187
Richard, 259
Garenne, La, 120
Garford, Mr., 30
Garing, John, 128
Garret, Harman, bound to next Court, . . .197
Goodman, 129
Gates, Stephen, . ; 164
Gangers appointed for casks, &c., . . . * . . 29
Geler, William, 139
Greneral assembly of churches, . . . .154, 200
See Churches.
Gerish, William, order of the General Court
conceming an estate administered by, 275
trustee of estate of Mary Oliver, daughter
of John, deceased, 282
Mr., petition of, and order conceming, es-
tate of John Oliver, 164
Gibbons, Gibbens, Gibons, Ambrose, . . . .219
associate of Piscataqua Courts, . . . .153
Edward, 15, 27, 35, 36, 39, 74, 106, 113, 124,
236, 256, 265, 276
chief commander of forces against the
Indians, 122
execution against estate of, on account
of ship Gilbert, 132
to exercise the company at Hingham, . 148
chosen major general, 265 •
VOL. II, 40
Gibbons, Edward, deputy, . 22, 33, 96, 145, 186
Captain, allowed to reside at Castle Is-
land, 45
Sergeant major, intrusted with conserva-
tion of the peace in Boston and in the
harbor, ii6
Major, allowed to bring casks of wine
ashore for trimming, to be returned to
the ship, ' . 263
Gilbert, ship, 113,132,218
Gill, Arthur, 274
Gilliflower, Mr. Pilgrim, master of the, . 83, 84, 90
Ginner, Mr., 79
Glass works, petition of employees of, . . .137
Gloucester, 26, 30, 35, 38, 67, 89, 98, 112, 189, 225
taxes of, 14
muskets of the country lent to, .... 27
£20 granted to, towards building a mill, . 80
excused for not having sent a deputy, . .147
Glover, John, 6, 8, 41, 44, 216
and another, of Dorchester, discoverers of a
mine, u
confirmed in title of real estate bought of
Mr. Pinchon, 139
commissioner for Dorchester, . . .166,194
the ferry over Neponset River granted to, . 244
deputy, 22, 33, 66, 238, 264
Mr., [John,] 7, 10, 28, 39, 45, 62, 70, 115, 128,
164, 189, 205,227
deputy, 55, 186
Mrs. Rebecca, formerly Mrs. Cradock, . . 226
Mrs., Rebecca, 205
farm laid out to, 114
Groatskins, not to be shipped till made into
gloves, 135
Goffe, Edward, 36,115
deputy, 146
Gold, Edmund, 113
Goodenow, Goodiner, Goodner, Edmund, . 30, 76
commissioner at Sudbury, 35, 245
ensign, *. ... 124
deputy, 265
Edward, deputy, 97
Goodwin, Adam, 47
Grookin, Captain Daniel, deputy, 265
Gore, John, authorized to free his servant,
Thomas Reeves, 67
Grorton, Samuel, and his company, commission-
ers sent to demand satisfaction from,
or to arrest, 41, 46, 50
formal charge against, 51
confined at Charlestown ; penalty for es-
cape or teaching heresy, death : same
sentence to adherents confined in
other towns, 52
314
GENEBAL INDEX.
Gorton, Samuel, allowed a safe conduct through
Massachusetts to his dwelling, at re-
quest of the Earl of Warwick, . . . 242
Gould, Zaccheus, petition for a village; Ips-
wich desired to further the settlement, 73
Government, form of, declared by reverend
elders to be mixed aristocracy and
democracy, 95
See Court, General.
Governor, two sergeants to attend the, ... 47
declared to be ex officio commander-in-
chief of military forces ; the Court or
council may appoint a substitute for
foreign service, 223
Governor, Thomas Dudley, 97
John Endicott, 66, 265
John Winthrop, 33, 146, 187, 238
Govis, Obadiah, discharged, 140
Grammar schools to be established, .... 203
Green, John, and Samuel Gorton, cattle of,
seized to pay expenses of capture,
trial, and maintenance, 53
Greene, Sergeant Samuel, 53
Mr., 35
Greenfeild, Samuel, 76
commissioner for Exeter, ...... 148
Greenleaf, GreenlifTe, Greenleefe, Greenleife,
Edmund,- Ill
Mr., [Edmund,] 30, 276
, commissioner at Newbury, .... 16
Lieutenant, [Edmund,] ordered to send
home the Indian woman and child
from Newbury, 23
discharged from office, 215
Griffin, Hugh, clerk of the writs for Sudbury, . 97
Richard, deputy, 238
Mr.; deputy, 186
Grigs, Humphrey, 128
Grosse, Isaac, 115
Guilder, value of, 29
Guinea, negro stolen from, returned by order
of the General Court, .... 136,168
Gullisou, Hugh, the custom of wine granted to,
to discharge board bill, 197
."» 20s. granted to servants of, 218
to be repaid costs of a suit for wine duty
against Robert Knight, 243
to be paid for board of the Court out of
the revenue from wine, 242
20s. granted to servants of, 263
Gunnison, Hugh, ". . 277
cook, licensed to sell beer to his guests, 14
denied wine license, 97
to be paid for entertaining the General
Court, 161
Gunnison, Hugh, 20s. paid to servants o^ . .161
innkeeper, licensed, 173
20s. granted to servants of, 175
[Hugh,] 20s. granted to servants of, . . . 276
Gumy, John, 79
Gwin, John, 36
Hackburne, Goodwife, 20s. paid to, for pains
taken during the session of the Gen-
eral Court, 116
Samuel, Katherine Dudley, late wife of,
petition concerning a deed, . . . .231
Hale, Thomas, commissioner for Haverhill, . 192
Hall, John, 166, 272
Rebecca, of Salisbury, referred to Hamp-
ton Court concerning her estate, . . 245
same case referred to Salisbury Court, . 254
Halsteed, William, deceased, . . . .261, 266
Hamlin, James, is granted 200 acres of land for
the £50 of Mr. Wareham, ..... 10
Hampton, 26^ 30, 37, 38, 42, 45, 89, 98, 111, 112, 190,
225, 254
attached to Piscataqua, under the com-
mission granted to Wiggin and others, 10
See Piscataqua.
taxes of, 14
and Exeter boundaries, 43, 148
settlement of difficulty between the train-
band of, and their Lieutenant Hay-
wood, . 59
Mr. Bellingham and others appointed a
committee to end differences at, . . 67
fine of remitted, 75
and Mr. Batchelor, committee appointed to
hear and determine difference be-
tween, 79
committee appointed to examine differ-
ences at, 147
order concerning highway from Dover to
Salisbury, on petition of, 150
to be allowed £5, if a road is built over
the marsh, 165
Court, 242, 266
Harkot, Richard, to be put to service for one
year, 53
Hartford, - . 69
jurisdiction of, 182, 183, 269
Harvard College, £40 granted to, ... . 27, 28
governor, magistrates, ministers, and the
president, authorized to frame stat-
utes, receive legacies, &c., for, . . . 30
£150 granted to, for a house for President
Dunster, 84
families are desired to send each a peck of
com or 12d. in money, as a basis for
education of poor scholars at, ... 86
GENERAL INDEX.
815
Hanrard College, claims of, against the colony,
to be paid, or to draw interest, . . . 200
committee appointed on petition of the
president of, respecting Charlestown
ferrymen, '..... 200
facilities granted for the study of med-
icine and surgery, on petition of the
president of, 201
£50 paid by Mr. Peters to, 205
officers and students of, exempt from train-
ing, 221
an order to be agreed on by the Court con-
cerning young scholars at, .... 201
Harvard, Mr., account to be taken of ammu-
nition supplied by, 27
Harvest, constables authorized to require me-
chanics to aid in, when crops may be
injured by delay, 180
Hastings, John, 128
Hathome, Hauthorn, Hawthorne, William, 7, 10, 44,
68, 76, 79, 83, 98, 99, 109, 110, 138, 158,
159, 198, 245, 259.
William, dismissed, 4, 28,
appointed recorder until Mr. Downing
return, 35
associate of Salem Court, . . 35, 68, 276
appointed commissioner to the United
Colonies, &c.. 69
of Salem, free from training on account
of public services, 70
captain for Salem, 133, 146
Captain, grant of land located to, . . . .259
deputy, . . 22, 33, 55, 66, 96, 145, 238, 264
Haugh, Mr., petition for claim, ...... 32
Haughton, Mr., thanks returned to, .... 27
Haverhill, 38, 187, 192, 225
about 1 20 acres of meadow granted to, . . 47
committee appointed upon petition of, c6n-
ceming new lands, 207, 208
Hawkins, Thomas, deputy, 65, 66
Captain, [Thomas,] 39, 158
privateer commission granted to, . . . 79
&c., hostility of, disavowed, 158
Jane, denied leave to come to us, ... 147
Hayden, John, £5 granted to, 269
Ha}me, Haynes, Walter, commissioner at Sud-
bury, 99
deputy, 22, 55, 146, 238
Hayward, Haward, HeiWard, William, com-
missioner at Hampton, and clerk of
writs, 10
dispute with Hampton, 59, 67
William, deputy, 33, 64, 66
Lieutenant, [William,] 150
deputy, 22, 96
Hayward, Goodman, 13
See Heiwartl.
Haywood, Ralph, 98
Healths, order against drinking, repealed, . .121
Hearsy, tVilliara, 113
Heath, Heathe, William, deputy, 22
Goodman, 13, 28
Elder, 163
Heiward, John, deputy, 96
Heresy, punishment of, by fines, . . . 176, 177
See Church ordinances.
Herman, Nathaniel, 128
Heyden, James, 164
John, 199
Hewes, Joshua, 60, 104, 228
Sergeant, [Joshua,] 30
Lieutenant, [Joshua,] 163
Hibbens, William, 39, 41, 54, 59, 61, 74, 86, 87, 96,
109, 138, 139, 141, 144, 145, 162, 169, 186,
196, 216, 245.
chosen Assistant, 33, 66, 97, 146, 187, 238, 265
Mr., [William,] vote of thanks and £30
to, for his voyage to England, . . .185
Hides, exportation of, prohibited, 168
Higginson, Mr., petition concerning loss by not
printing a work, 62
Highways, may be laid out by the selected
townsmen in their own towns only, . 4
orders concerning obstructions and tres-
passes in, 192
defective, order concerning damages for
injuries received from, .... 228, 229
and bridges, charge of, to rest with the sev-
eral towns in which they are, . . . 263
to be laid out for public convenience, not
to serve private interests, 271
Hill, John, 136,212
Valentine,. 113,139,247—249
and others incorporated a company to
carry on trade in new districts, ... 60
Mr., 39, 169, 218, 239
Hills, Hill, Joseph, of Charlestown, 128, 136, 203,
230, 233, 234, 246, 256, 262, 271, 286
paid for his pains about the printed laws,^ . 273
deputy, 186
Mr., [Joseph,] 196, 205
Hilton, Edward, and others appointed to hold
Court, &c., at Piscataqua, 5
William, deputy, 54, 66
Hingham, 26, 30,38, 89, 112, 124, 148, 157, 166, 173,
225, 252, 262, 283
taxes, 14
inhabitants of, warned to forbear troubling
the General Court concerning Nantas-
ket, .46
316
GENERAL INDEX.
f
Hingham, petition of 81 inhabitants of, com-
plaining of infringement •f liberties, . 97
petitioners of, fined, 113,114
Lieutenant Atherton appointed to oversee
the election at, 163
petition of certain inhabitants for remit-
ting of fines, 164
deputy of, dismissed upon his request, . . 258
Hinsdel, Robert, 37
Hobart, see Hubberd.
Holbrooke, Thomas, 271
Holding, Randall, adherent of Samuel Grorton,
confined at Salem, 52, 53
petition for reversal of sentence of banish-
ment denied, 275
Holgrave, John, case with John Humphrey, . 22
Holland, order concerning the coins of, . . . 29
Hollingsworth, Richard, petition of, denied, . .147
Hollister, , deputy, 65
Holt, see Hoult.
Holmes, Christopher, dismissed on payment of
£5, 53
Holyoke, Hollioke, Holioke, Edward, .... 4
associate of Salem Court, 35
deputy, 22, 33, 238
Mr., [Edward,] 22, 27
deputy, 186
Homicide of a robber or burglar in just and ne-
cessary defence held justifiable, . .212
Hooke, William, deputy, 33, 186
Mr., [William,] granted leave of absence,
being ill, 36
Horses, &c., law against using without permis-
sion of owners, . , 195
registry of, established, 280
Hoult, Nicholas, 192
Hounds, order concerning keepihg, to hunt
wolves, 252, 253
House of Commons, special order of, in favor
of New England, recorded, .... 34
House of Deputies, to have a clerk and to keep
a separate journal, 259
See Deputies.
Howe, Edward, deputy, 22, 33
Mrs. Margaret, allowed to retail wine re-
ceived for debt, 164
widow, 102
Howlet, Thomas, 36
ensign at Ipswich, .* 100
Ensign, [Thomas,] 208
Sergeant, [Thomas,] 38
Hubberd, Hubbard, Hubbert, Edmund, . . .113
deputy, 23
Joshua, 41, 61, 80, 97, 113
ensign at Hinghara, 252
Hubberd, Joshua, deputy, ... 33, 96, 146, 186
Peter, 113
Thomas, 113
William, 36, 68, 138
deputy, 33, 66, 96, 146
[William,] 227
Mr., [William,*] associate of Ipswich Court, 68
Mr., 83
deputy, 55
Hudson, John, 13
Susan, wine license denied to, .... 97
William, 277
J his lot, 271
Hue and cry, order concerning, . . . . 181, 182
Hull, 182, 225
formerly called Nantasket, 74
suit of inhabitants of, 79
authorized to administer its local affairs;
charged to foster its fisheries, . . . 189 "1"
fine of, abated, 262
petition of, for return of Mr. Matthews, re-
fused, 276
Humphrey, Humfrey, John, 132
and John Holgrave, case between, referred, 22
committee concerning goods of, . . . .138
Dorcas, 12, 13
. Sarah, 12
Hutchinson, Edward, appointed to demand sat-
isfaction from Miantonomo, .... 23
ensign at Boston, ......... 102
Nelson, 86
Mrs., efforts by the General Court to liber-
ate the captive children of, .... 52
Idle persons to be presented, 180
Impost and excise to be levied on goods to and
from Plymouth, Connecticut, and New
Haven, 269
Edward Bendall, collector of, 284
Impost on wines, see Wines.
Impounding of cattle, 220
Indian, the, who piloted our men home, to be
rewarded, 148
Indians, reception of, under the government
and jurisdiction of Massachusetts, . 55
to be civilized and instructed in religion
under the care of the County Courts, . 84
the elders are desired to propose means for
Christianizing, . 134
law against employing or entertaining, re-
pealed, 152
committee appointed to procure lands for
settlement and civilization of, . . .166
though not compellable to the Christian
faith, yet held amenable for blasr
phemy, 176
GENERAL INDEX.
817
Indiana, forbidden to perform outward acts of
worship to false gods, 177
laws to be read and interpreted for, . . .178
two ministers to be chosen to make known
the heavenly counsel of God among the, 1 78
Court set up for the trial of small causes
among the y sachems authorized to is-
sue summons, 188
instruction of, by Mr. Eliot, 189
money for improvement of, given by Lady
Armin, 189
on petition of Mr. Eliot, wine not to be sold
in Boston to, except by Mr. Phillips, . 258
orders against sale of powder and guns to,
renewed, 16
provisions concerning attacks anticipated
from, . 24, 25, 28, 29, 38, 39, 42, 121, 223
Narragansetts, Mohicans, &c., conmiittee
appointed concerning, 46
proposal for confederation against, 31, 35, 36, 38
See United Colonies.
Satisfaction demanded from Miantonomo
and others, 23
directions to Mr. Wannerton concerning, . 24
Pumhome to be aided, . . . . 72, 74, 1 12
friendly, to be restored their armS; ... 27
may have their guns repaired, and may
have powder, 67
bounty to, for killing wolves, 84
allowed to purchase wine, 85
proposab to regulate trade with, for ten
years, 86
at the request of Benedict Arnold, supplied
with 50 bushels of com, 231
written to, for the liberation of Mrs. Hutch-
inson's children and others, .... 52
preparation for defence against, . . . .121
men impressed to go against, 122
Sergeant Major Edward Gibbons chief
commander against, 122
commissioners appointed to demand satis-
faction from those who wronged the, . 227,
228
Industry in manufacture of linen, &c., incul-
cated, 6
Ingalls, Engals, Robert, petition concerning
death of his father at Lynn bridge, . 252
Innkeepers and wine sellers must be licensed, 100
bond given by wine sellers of Boston and
Charlestown for license, 276
conditions of said license, . . . 277, 278
ordered to keep good beer on hand, . . . 286
Innsy regulations concerning drinking at, . . 100
regulation as to sale of intoxicating drinks, 171
—173
Inns, licensing of, transferred to the County
Courts, &c., 1 88
game of shovelboard forbidden at, . . .195
and victualling houses, regulations to pre-
vent drunkenness at, 257
Ipswich, 26, 30, 36, 38, 46, 49, 52, 61, 62, 73, 82, 87,
89, 112, 128, 153, 157, 173, 187, 192, 225,
227, 229, 241, 258.
taxes of, ]4
Cape Ann, and Jeffries Creek, boundaries
of, settled, . 4
twelve saker bullets granted to, .... 20
and Mr. Rogers and Mr. Bradstreet, case
between, referred, 20
and Salem, agreement concerning bound-
aries of, 35
order concerning execution of saltpetre law
at, 102
Newbury and Rowley military company
chartered, Ill
two fifths of Plum Island granted to, . . 283
Court, 35, 68, 191
associates of, continued in office, ... 14
authorized to examine the late mutiny
there, and moderate fines for default-
ers in matter of arms, &c., .... 62
commissioners appointed to keep, . . 227
land granted to inhabitants of, for a village,
afterwards Topsfield, 48
village, provision for maintaining public
worship at, 135
and New Meadow, to pay expenses of
General Court for the trial of their
eause, ]44
New Meadows of, called Toppesfeild, . . 258
River, 256
Iron works, monopoly of manufacture for 21
years granted to undertakers of, . . . 61
answers of the General Court to questions
sent by proprietors of, granting lands
and immunities, 81
citizens invited to take stock in^ . . . .103
charter with ample privileges granted to
company for erecting, 125
petition of company, and answers of the
General Court, 185
Isle of Shoals, 199
Ivery, William, 149
Jackson, Edmund, 227, 249
deputy, 1S6
Edward, 256
deputy, 238, 265
Philip, 121
Richard, deputy, 238
Mr., . 205, 245, 283
818
GENERAL INDEX.
Jacobs, Jacob, Nicholas, commissioner for
Hingham, 166
deputy, 238, 265
Jay, Goodman, 108
Jeffries Creek and Ipswich boundaries, ... 4
to be called Manchester, 109
Jeggels, Thomas, married by license of the
General Court, 198
Jenkes, Joseph, patent for water wheel and en-
gines granted to, 149
Jenings, Captain, deputy, 96
Jennison, Jeanison, William, deputy, .... 22
Captain, [William,] 28, 50
commissioner at Watertown, .... 34
petition of, for land, 163
Jesuits and priests ordained by authority of the
pope forbidden to come into the col-
ony.
193
Jewet, Joseph, 30, 38
Maximilian, deputy, 22, 33, 238
Johnson, Edward, 39, 44, 47, 53
clerk of the writs for Wobum, 35
appointed to marry at Wobum, . . 258, 283
paid for services, 53
deputy, 33, 66, 146, 265
Lieutenant, [Edward,] 109, 111, 157, 196, 197
leave of absence granted to, . . . .231
deputy, 97, 186
John, 26, 27, 47, 51, 54, 65, 163, 165, 166,
184, 197, 201, 202, 203, 228, 239, 245,
256, 280, 282, 288.
£40 granted to, for services, 99
to collect claims to make up the grant, 103
deputy, 22,145,186,238,265
Mr., 62
Goodman, 28
deputy, 55
Jones, Joanes, Mary, to be given £5 by Treasurer, 20
Thomas, set free from his master, ... 4
deputy, 264
Judges, related by blood or interest to either
party not to have voice in deciding
" the case, 39
Judgment may be acknowledged before 2
magistrates and the secretary, ... 80
Juries, committee appointed to consider the ex-
pediency of retaining, 28
province of, 21
Jur3rmen, to be apportioned among towns,
according to the number of inhab-
itants, 285
KfiBsar, Kesar, Thomas, . .115, 129, 136, 168, 176
Keayne, Benjamin, 183
Robert, 79, 184, 277
petition for land, 163
Keayne, Robert, deputy, .... 145, 238, 264
Captain, [Robert,] 50, 162, 171, 200, 205, 244,
245, 253, 264, 271, 2. '3, 274
Richard Sherman, plaintiff against, . . 12
and Goodman Sherman, order concern-
ing settlement of dispute about a sow, 51
Eleazar Lusher and Edmund Rice ap-
pointed to locate land of, 50
location of land of, 1 84
is allowed £30, expended for Mr. Fen-
wick, 246
and others, lands of, located upon Ips-
wich River, 256
land at Dedham village granted to, . . 283
deputy, 96
Mr., [Robert] 28, 41
Kerly, William, 5
King and Parliament, contest between; act
against persons professing themselves
to be for the king against the Parlia-
ment, * .... 69
King, Daniel, order relating to military duty of, 149
Thomas, referred to Salem Court, ... 16
Kingman, Henry, 271
Kingsley, Kingsly, Kingslye, Stephen, . . .136
and many others, petitioners for settlement
nearPumhome, 128
commissioner for Braihtree, 271
deputy, 33, 66, 186, 238
Kinsbury, John, deputy, 186
Knight, Richard, 276
Mr. Bellingham authorized to try, about
suspicion of felony, 83
commissioner at Newbury, 98
Robert, 231, 243
[Robert,] granted review of action upon
security given, 207
Knop, William, 90
Knowles, Mr., 128
Laborers, not to be asked to receive any pay in
wine, 100
La Fortune, , 120
La Garenne, 120
Lake, James, 218
Thomas, 79, 98
Lambe, Thomas, 165
Lamperille River, 236
Lands, common, to be cultivated according to
will of the majority of proprietors of, 195
selectmen to be umpires between disagree-
ing proprietors of, 49
fences around, 39
to low water mark to be the proprietors of
land joining thereunto, 284
Lane, Sampson, 231, 232
GENEBAL INDEX.
319
LangtoD; Thoma», deputy, 146
See Laughton.
Larceay, petty, from orchards, &c., punished, . 180
La Rose, , 120
Lathrop, Lothrop, Thomas, 110
lieutenant at Salem, 146
leave of absence granted to, 198
deputy, 186
Latour, La Tour, Latore, Mons., allowed pass
for 7 men, 120
hostile act of, towards D'Aulney disavowed, 158
Lady, 135
Laughton, Layton, Thomas, commissioner for
Lynn, . 97, 153
deputy, 238, 265
La Violle, 120
La Violle Suisse, 120
Law, New Tearmes of, copy of, to be pro-
cured, 212
Law books to be procured for the Court, . . .212
Laws, and orders, committee appointed for re-
vision and .publication of, 21
capital, ordered to be printed, 22
revision of, 61
former committee of revision of, continued, 39
committees appointed for the several coun-
ties to draw up a body of, 109
committees appointed to frame a body of,
are desired to meet, 128
• returns of committees of shires concerning
digest of, to be transcribed by a spe-
cial committee, 157
and liberties, committee appointed to re-
vise and digest the Jaws existing, and
the draughts proposed, 168
Digest of, new committee appointed to fin-
ish, 196
committee upon Digest, &c., of, authorized
to correct for the press, 209
to be transcribed upon paper with a wide
margin for notes and Scripture refer-
ences, 217, 218
£4 10s. paid to John Waite for writing one
book of, and finding paper for both
books, 227
Mr. Rawson and Mr. Hill appointed to
compare copies of, 230
copy of, sent for for the use of Court, . . 239
committee appointed to correct proof sheets
of the Digest of, 246
former, in- force, to be recorded by the sec-
retary, and transcribed by the clerk of
the deputies, 260
printed, price of ; members of the General
Court to have each a copy free, . . 262
Laws, amendment voted to a clause in the
printed, 263
enacted since the printed volume, also
those referred to in the same, to be
printed and indexed, 286
persons openly breaking, may be arrested
by constable without warrant, . . .151
Lawson, Christopher, confirmed in title to
house, 104
is granted hearing of his case for Thomas
Beard, 216
Layton, see Laughton.
Lead, black, 82
Leader, Mr., 199
bills of, to be paid, 134
Learning, encouragement of, by recommend-
ing support of divinity students, . .167
of grammar schools, 203
Leather, order concerning tanning, finishing,
and inspection of. 18
order concerning inspection of, extended
to shoes, &C., 31
undressed, exportation of. prohibited, . .168
explanation of order concerning inspection
of; also fees of inspectors, .... 215
See Goat skins.
Leather guns, to be procured, 219
Lechford, solicitor for William and Elizabeth
Cole, 206
Legatt, John, clerk of the writs for Exeter, 102, 148
commissioner for Exeter, 103
Letoon, Marca, 248
Leverett, John, sent to demand satisfaction from
Miantonomo, 23
sergeant, 29
captain under Major Gibbons against Nar-
ragansetts, 123
Levins, John, 259
Rachel, petition concerning sale of land
by her husband, 259
Liberties, body of, two committees appointed
to revise, 61
Liberty, civil, &c., covenant for, .,61
Licenses to sell wine, &c.,. regulations concern-
ing, 171,172
See Wine.
Licenses transferred to County Courts, . . .188
Line, Thomas, 13, 267
deputy, 96
Thomas, Jun., 256
Linen, &c., measures taken Ao secure diligence
in making, '. . 7
Lisle, surgeon, see Loyal.
Litigation, discouragement of, 3
London, 84
320
OENEBAL IND£X.
Long Island, 23
Long, Robert, 201, 277
Mr., [Robert,] innkeeper, licensed, . . . 173
Lord, Robert, 4
Lord's day, fine for discharge of cannon on, by
a master of a Dutch ship, abated, . . 258
Lord's days, public fast days, and days of
thanksgiving, fine for not attending
public worship on, 177, 178
Loremg, chosen constable of Hull, . . . .182
Lothrop, see Lathrop.
LovelPs Island granted to Charlestown, reserv-
ing one half the wood for the Castle, 263
Lowell, Lowle, John, commissioner at New-
bury, 98, 191
deputy, 64
deceased, 198, 254
Mr., 275
Low water mark, proprietors of land to own
land to, 284
Loyal, Lisle, Mr., surgeon to the expedition
against the Narragansetts, . . . .123
case ordered to be made for, 124
Lug, John, 198
Lusher, Eleazar, 28, 60, 62, 62
captain for Dedham, 257
deputy, 146
[Eleazar,] deputy, 66
Luther, widow, merchants to be paid for the re-
demption of her son ; she to have the
rest of her husband's wages, . . .160
Lying, punishment of, • . .104
Lynn, 8, 10, 26, 30, 38, 73, 74, 89, 97, 112, 153, 163,
173, 225, 241
taxes of, 14
report of committee on boundaries of, . . 7
30 saker shot granted to, 70
to be considered of in the next assessment
of taxes, 102
and Salem military company, 110
authorized to choose a person to draw wine, 148
weekly market to be established at, . . .164
to be aided in maintaining a bridge, . . 227
bridge, accident from deficiency of, . . . 252
30s. per annum allowed towards, . . . 256
petition of, concerning taxes, 260
village, 38
committee appointed to fix boundaries of, 1 1
to be called Reading, 73
Madsley, Henry, 128
Mackerel Cove, inhabitants of, free from watch-
ing, at Salem, 200
Magistrates, and other oflicers, oaths of. bind-
ing only while residents within the
colony, ; . . . 4
Magistrates, choice of, by a nominating com*
mittee, to meet at Salem, 21
nominating committee to meet in March, 31
order of 1640, concerning choice of, re-
vived ; deputies to nominate, ... 37
order concerning nomination by the Gen-
eral Court repealed ; towns to ballot
for candidates, 87
to sit in a separate house, 68
powers and duties of, construed by el-
ders, 90
same confirmed by law, ....... 95
to collect tribute due, 28
jurisdiction of, under license law, . . .100
not to be asked concerning cases which
they may afterwards try, 279
exemption of £500 estate from taxation, 101,
218
expenses for diet of, 227
exempted from all taxes, except for the
support of the ministry, . . . 239, 240
See Assistants, and Court, General.
Major general, see Military affairs.
Maiden, incorporated as a town, 274
Malicious prosecutions and vexatious suits,
punished by fine, &c., 181
Manatacut, 40
Manchester, 225
formerly called Jeffrey's Creek, . . . .109
earl of, 123
Manning, John, 231, 232
Mr., 149
Manstealing reprobated, 168
Marblehead, . . '. 173
allowed to have a constable from Salem, . 57
authorized to fortify ; 2 guns granted to, . 60
admonished to improve in military dis-
cipline, 67
petition of, concerning use of harbors,
wood for drying fish, &c., 1 47
erected into a town, by consent of Salem, 266
Mares, exportation of, prohibited, 280
Marie, Monsieur, 157
Marriage, proposals for, punished, when made
without consent of parents, .... 207
Married persons, living apart, law concerning, 211
Marsh, Thomas, land granted to, 136
Marshal, allowed to go to Connecticut, ... 3
directed to collect fees for entry of ac-
tions, 44
authorized to demand anchorage and ton-
nage duties from ships, 107
directed to make collections on warrants
within two months, 134
oath of, 199
f
X
GBNERAIi IMBBX.
^1
Marshal, duties of, in coUectioa of debts, . . 204
salary of, reduced to £10 ; fees according
to order, 30
authorized to charge travel, when fees do
^ not pay expenses, 171
to be allowed 5 per cent for collection of
fines, 194
to be sworn, before receiving percentage
of fines, 215
Marshall, Thomas, 54, 68
Sergeant, 165, 192, 259
Martin, George, petition of, in relation to his
wife, 241
Robert, 30, 40
Marvin, Thomas, having sold a gun to Indi-
ans, ignorantly, and having informed
of himself, his fine is remitted, . . .215
Mary, ship, owned by Mr. Brown, of Bristol,
seizure of, 113, 121
Masconamet, 55
f Mason, Hugh, commissioner for small causes,
at Watertown, 34, 98
deputy, 66
Lieutenant, [Hugh,] . . . Ill, 134, 139, 209
appointed lieutenant in Watertown, in
place of Bartlett, 98
deputy, 96
, deputy, 55
Massye, Jeffry, , 36
Mather, Madder, Mr, [Richard,] . . .109, 200
desired to prepare himself to preach elec-
tion sermon, 62
election sermon o^ to be printed, ... 71
Mathew, Dearmont, 20
Mathews, Mr., formerly of Hull, refused per-
mission to return thither, 276
Mattuck, James, 250
Maverick, Antipas, 199
Moses, 6, 8
Mr., 32, 54, 149
Mayhew, Mayhewe, Thomas, ... 41, 79, 114
deputy, 33, 55, 66
Mr., [Thomas,] 73, 139
£3 granted to, for loss in com, .... 51
land granted to, 51
300 acres of limd, located for, .... 76
Meakins, Mekins, Thomas, 128
deputy, 66
Meantonomo, messenger sent to, 23
a coat and tobacco granted to, 27
Mechanics, compellable to aid farmers in har-
vest, 180
Medcalfe, Meadcalfe, Joseph, . . . .33, 66, 96
Medford, 38,112,225
taxes of, 14
VOL. II. 41
Mellows, Edward, clerk of the writs at Charles-
town, 148
Merrick, John, conmiissioner for Hmgham, . .157
Merrimack River, 17, 159
Merry, Walter, to appear and answer for Cap-
tain Smith, 216
Metcalf, see Medcalfe.
Michell, Thomas, deput}', 238
Michelson, Edward, 76
40s. remitted to, .80
Middlesex county, . . 50, 88, 109, 128, 141, 214
includes Charlestown, Cambridge, Water-
town, Sudbury, Concord, Wobum,
Medford, and Lynn village, [Reading,] 38
military company chartered, Ill
Courts, 227
held 1st Tuesdays of April and October, 284
Mileham, Milam, John, 79, 98, 250
Military affairs : Governor, council, and mili-
tary officers, to meet once a year, . . 42
the county lieutenant to meet with capr
tains of companies, 42
a person to be appointed to exercise the
troops in each town, 45
sergeant major general and sergeant ma-
jors, order concerning choice of, . . 49
sergeant majors chosen annually, . . . 62
order authorizing chief ofi&cers to punish
delinquents continued in force, . . 72
sergeant major generaPs commission and
powers, 76
sergeant major general to have a commis-
sion like the former, 98
sergeant majors to be chosen by each regi-
ment ; powers and duties laid down ;
clerk of the band, duties of, concern-
ing inspection of arms, fines, &c., . .117
all freemen allowed to vote for officers of
the train bands, 191
order concerning days of training, . . .221
family of major general exempt from pub-
lic training, 194
sergeants to be paid 18d. a day, .... 82
major general authorized to employ sol-
diers one or two of the eight days upon
the fortification in Boston 267
directed to apply to the council for au-
thority to convene the two regiments, 267
authorized to publish military orders to
the army whenever gathered in the
field, 267
persons exempt from training are yet to
Rppear twice a year for exercise, . . 81
time used in marching to and from train-
ings to be deducted from the 8 days, .216
32^
GENERAL INDEX.
Military affairs : soldiers to be provided with
arms in exchange for produce; if des-
titute and under 30, may be bound to
service to earn and pay for arms, . .221
list of avocations exempt from training, . .221
the three regiments to assemble in alter-
nate years ; and each regiment to be
allowed £20 for expenses, .... 256
children above ten years of age, to be
educated to the use of bows, small
guns, &c., 99
the colony put into a state of defence
against attacks from Indians ; arrange-
ments for alarms, division of powder,
repairing of arms, and increased rigor
of discipline, ..... 24, 25, 28, 29
officers to direct in each town the carry-
ing of arms to public places, &c., . . 38
committee appointed to put the country in
a posture of defence, 39
organization of forces in case of sudden
attack; arrangement of signals, ren-
dezvous, &c., 42
watch, directions for, 120
preparations made by watches, scouts, &c.,
against an attack from the Indians, .121
proceedings in case of apprehended at-
tack, 223
regulation of watches, alarms, beacons,
&c., 223
disorderly soldiers to be punished by three
chief officers, 223
expedition against the Narragansetts, im-
pressment of men, horses, &c., for, . 123
Commissioners appointed to make pro-
vision for, 124
list of provisions for, 124
pay voted to the expedition in aid of Uncas, 137
companies chartered, Salem and Lynn, 110
Ipswich, Newbury and Rowley, . .111
Middlesex, Ill
Millard George, set free on petition of his mas-
ter, 32
Miller, Robert, released upon recognizance, . 163
Thomas, licensed as wineseller at Rowley, 187,
188
Mills, engines of, to go by water, patented to
Joseph Jenkes, 149
Mills, , 139
Mines, to belong to the proprietors of the land,
wherein they are found, paying only
what the patent requires, 242
Ministers, to be recommended by magistrates
to Virginia, if churches will consent to
their departure, 27
Ministers, or preached word, persons reproach-
ing, to be fined, 179
towns authorized to buy or build houses
for, 217
Minors from England, credit not to be granted •
to, 217
Mischeweese, an Indian, 23
Missionaries to Indians, ... 84, 134, 178, 189
See Indians.
Mistick, inhabitants of, incorporated as Maiden, 274
bridge, to be repaired, 51
to be viewed and repaired, 149
committee appointed to view, .... 227
voted to be maintained at the pubhc
charge. 238
charge of maintaining declared not to
rest upon the oonmionwealth, . . . 262
farm, 267
side, petition of settlers on, 256
Mogered, Mrs. Do : 10
Mohegen, Mohegone, sachem, 137
men sent to aid, 122
Mohegens, 46
More, John, 53, 80
Mores, Edmund, settlement of affairs with heirs
of John Lowle, 254
Mores, [negroes,] petition of Mr. Blackleach
concerning, 67
committee concerning, 196
See Smith, Captain James.
Morrell, Groodman, petition of, referred to a
committee, 31
Morris, Lieutenant 44
Moulton, Thomas, 274
Mourton, Thomas, 90
Mousall, John, conmiissioner for Wobum, . . 35
Munnings, Munings, George, .... 163, 184
salary as prison keeper granted to ; ex-
empted from executing sentences upon
criminals, 148
Nantasket, Nantascot, 38
report of committee appointed to allot
lands in, 5, 8
grant to, confirmed, 46
to be called Hull, 74
Narragansetts, Navigansets, 46, 72, 139, 149, 151,
161
letter sent to, commanding an end of the
war upon Uncas, 117
expedition against, 122, 123
See Indians, and United Colonies.
Nashaway, Nashawake, 225
allowed to be settled by Nathaniel Nor-
cross and others, 75
committee appointed to allot land at, . .136
GENERAL INDEX.
323
Nashaway^ General Court refuses to allow set-
tlement at, to be given up. . . . .212
Nash[away], 76
Nashowanon, voluntarily submits himself to
the government, &c., of Massachu-
setts, 55
Neale, Henry, ....*.. 271
Captain, 72
Negro interpreter to be sent back to Guinea, . 168
-Negroes, petition concerning, by JVlr. Black-
leach, ^ 67
stolen from Africa by Captain Smith to be
sent home, 136
Captain Smith and Mr. Kezar arrested for
killing and stealing,' 176
conmiittee appointed concerning, continued
in office, 196
Negus, Jonathan, real estate of John Lug grant-
ed to, 198
Neipnett, 11
Nelson, Thomas, deceased, 274
Mr., [Thomas,] appointed to marry persons
at Rowley, 47
deceased, Messrs. Belli ngham and Dum-
mer executors, 272
Mr. Dummer required to show authori-
ty for selling land of, 273
Captain Bridges, &c., appointed a com-
mittee to receive Mr. Dummer's ac-
count of the estate of, 283
Neponset, Naponset, bridge, to be viewed, . . 20
ferry granted to John Glover, 244
Newberry, Benjamin, 139
Joseph, 139
Newbury, 14, 26, 28, 30, 38, 73, 89, 98, 111, 112, 148,
166, 173, 191, 194, 198, 215, 225, 258, 266,
283
taxes of, 14
two snaphance muskets granted to, . . . 73
military company of, Ill
a letter to be written from the General Court
to elders of, &c., 196
a new election of captain of, ordered on
account of difference between par-
ties, 240
directed to make new choice of military
officers, 274
two fifths of Plum Island granted to, . . 283
and Salisbury ferry, . . . 246, 265, 266, 276
New comers, the Court votes not. to alter or ex-
plain law concerning, 141
Newgate, Nathaniel, 240
Mr., 28
New Haven, . 24, 156, 284
a copy of our patent granted to, .... 60
New Haven, proposal to, for union against the
Indians,. . . . . . . 31,35,36,38
See United Colonies.
share of agent's expenses, 165
excise and impost levied on goods, &c., of, 269
New Providence, see Providence.
Niantic, 23
Norcrosse, Norcrose, Nathaniel, 75
Mr., .• 39
Norfolk county, 49, 50, 88, 141, 176
includes Salisbury, Hampton, Haverhill,
Exeter, Pover, and Strawberry Bank, 38
magistrates of, authorized to agree con-
cerning holding Court for; to train 8
times in a year, at pleasure, .... 226
Court to be held at Salisbury and Hamp-
ton, 227, 266
commissioners appointed to hold, . . . 242
Salisbury the shire town of, 284
Norrice, Mr., 200
Northam, [Dover,] 30, 57, 225
inhabitants of, granted the usual liberties
of towns, 32
Northin, Ezekiel, 266
Norton, Francis, 60, 124, 277
lieutenant for Charlestown, 166
Lieutenant, [Francis,] . . . 196 — 198, 239
deputy, 186
George, 4
commissioner for Gloucester, .... 35
drill officer for, 67
deputy, 22, 33
Mr., [John,] 109, 200, 230
artillery sermon to be printed, with con-
sent of, -. . 71
deputy, 55
Notary public, William Aspinwall appointed, 86
oath of, 209
Nowell, Increase, 13, 20, 21, 22, 27, 31, 50, 54, 59,
74, 83, 88; 96, 109, 139, 144, 145, 162, 171,
176, 186, 233, 234, 271, 286.
chosen Assistant, 33, 66, 97, 146, 187, 238, 265
secretary, . . .66, 97, 146, 187, 238, 265
Noyes, Noyce, Noyse, Peter, . . . . 76, 89, 114
commissioner at Sudbury, 35, 99
appointed to marry at Sudbury, .... 245
Mr.. 13
Nutter, Hate-evill, 272
Oakes, Edward, 115
Oath of othcers to be binding only while resi-
dents in the colony 4
of members of the Greneral Court, . . . 7, 9
Officer doing injury under color of office to be
. proceeded against upon information, . 204
Oliver, James, 188, 228, 239
324
GENERAL INDEX.
Oliver, Joane, 11
John, 75, 275, 282
deceased, intestate, order cdnceming
estate of, on petition of Joane, his wife, 1 1
order concerning settlement of estate of, 164
Mary, 282
wife of Thomas, 258, 283
Thomas, 258
Mr., 50
paid for surgical treatment of the son of
Pessicus, 185, 195
One, Thomas, 47
Orchards, robbing of, 180
Orders of the General Court to be published to
the several towns, 89
publication of, see Laws and orders, also
Court, General, orders of.
Osgood, John, 192, 208, 271
Otely, Adam, petition of, not granted, .... 76
Mr., 58
Owen, Thomas, 21
Page, John, 164
Paine, Moses, 40
Robert, 48
deputy, 186, 238, 265
' William, 32, 43, 48, 138, 147
plaintiff against Francis Champemoone,
in an appeal ; judgment for the plain-
tiff, 241
Painter, Gawen, and James Lake, petitioners,
concerning the ship Gilbert, . . . .218
allowed to try an action against Robert
Saltonstall, 226
Palmer, Abraham, 68
Henry, commissioner for Haverhill, . . .192
John, land of Thomas Nelson, deceased,
bought by, 273
Ensign, 209
clerk of the writs at Charlestown, ... 83
Paquatuck, 241
Parents, striking of, to be punished with death, 179
Parker, James, deputy, 23, 33
Richard, 163, 184, 256
land at Dedham village granted to, . . 283
Mr., 7, 10, 13, 20, 28, 46
Parks, Parke, Parkes, Edward, land to be lo-
cated for, 209
William, 6, 8, 54, 109, 134, 136, 160, 166, 181,
184, 189, 192, 200, 227, 256
deputy, .... 66, 96, 145, 186, 238, 264
Parliament, law against persons drawing a
party, under pretence of being for the
king, &c., against, 69
petition to, 121
Parly Meadow, 75
Parris, Thomas, surgeon, 53
Mr., 80
to be reimbursed £12 158. paid to a Por-
tuguese ship, 79
Parrot, Parote, Francis, commissioner at Row-
ley, 242
deputy, 22
Parsonage houses, towns authorized to pur-
chase, and minister and successors
to hold, 217
Partridg, Captain,* 283
Partridge, John, T . ^ 283
Pascataqua, . 16, 37, 51, 58, 61, 129, 136, 170, 258
free inhabitants of, to be freemen in their
towns, although not church mem-
bers, 29 -^
petition of inhabitants of, concerning juris-
diction, &c., 175
associates at, authorized to try causes of
£20, 31
2 Courts to be held at Dover for, . . . .153
2 Courts held yearly, for, 37
Court, 5, 37, 74, 120, 153, 193, 219
See Norfolk Courts.
Passaconnaway, 23, 24
to be satisfied for the seizure of his wife
and child, 27
his two sons admitted under our juris-
diction, after subscribing to the ar-
ticles, 73
Patent of the colony, answers by elders con-
cerning construction of, as to powers
of magistrates in General Court, and
during recess, as to powers of dep-
uties, and as to penalties for offences, 90>
96
for invention, granted to Joseph Jenkes, . 149
Patuxet, 40
Peag, see Wampum.
Pease, Luce, dismissed upon renouncing Gor-
ton's opinions, 50
Peck, Joseph, deputy, 23
Mr., 13, 114
Pedock's Island, 5, 6, 8
Peirce, Thomas, 29
Pelham, Pelhame, Herbert, 89, 96, 99, 109, 128,
138,140, 145, 162
chosen Assistant, . . .97, 146, 187, 238, 265
chosen commissioner for the Uuited Col-
onies, 146
400 acres of land granted to; also 400
acres for heirs of Mr. Walgrave, . . 256
Mr., [Herbert,] to be reimbursed £5, . .140
William, appointed captain, 124
commissioner at Sudbury, 147
GENERAL INDEX.
325
Pelham, Captain, [William,] 189
deputy, 186
Pdndleton, Brjan, Brian, 200
deputy, 238
Mr., [Brian,] 189, 227
deputy, 186
Penn, James, . . 244, 253, 273, 277, 280, 282, 288
allowed to draw wine, as long as he en-
tertains the General Court, .... 98
appointed to collect dues from fur traders,
entry of actions and fines, . . . .117
to be paid his claim, 140
innkeeper, licensed, 173
gratuities to serrants of, . . . 139, 161, 175
deputy, 238, 264
Penniman, James, commissioner for Braintree, 35
Penobscot, 158, 159
Pentucket, 38
Pequot, John Winthrop, Jun., authorized to es-
tablish a plantation at, 71
land. 3000 acres granted to John Win-
throp, Jun., 241
Pequots, willing to remove, to be furnished
• with other lands, 160
Perados, Emanuel, 273
Perambulation of town boundaries, . . . .210
Perkins, William, commissioner for Wey-
mouth, 73, 97
400 acres of land granted to, in Roxbury, . 98
deputy, 66
Captain, 184
Pessicns, 195, 199
Treasurer to pay Mrs. Davies for board of
the son of, 185
William Arnold or Benedict Arnold to buy
100 bushels of com from, 198
Mr. Arnold sent to demand wampum from, 231
Peter, Peters, Thomas, appointed to assist John
Winthrop, Jun., concerning Pequots, . 161
Mr., [Hugh,] 41
agent of the colony, desired by the Gen-
eral Court to return, 137
to pay £50 to the college, 205
Petitions, rules for presentation of, . . . 20, 165
fees imposed upon the presentation of, . .261
Pettet, Thomas, military officer for Exeter, . .188
Phillips, Philips, Elizabeth, 80
Henry, emsign for Dedham, 258
John, 272
Nicholas, commissioner for Weymouth, . 35
Samuel, 80
referred to the Quarter Court for main-
tenance, 115
William, 242,258,277
gratuities to servants of, . . 218, 263, 276
Phillips, Mr., 52
Mrs., to transfer £100 to the grandchildren
of Richard Sergeant, .80
petition of, answered, concerning satis-
faction of judgment given to widow
Howe, 102
Sergeant, 30
Philpot, Thomas, 216
sale of house of, 200
Physicians, surgeons, &c., forbidden to try
unusual, dangerous, or cruel exper-
iments, without advice, &c., .... 278
Pike, Robert, commissioner at Salisbury, 73, 97, 190
Lieutenant, 231
deputy, 265
[Robert,] deputy, 238
Pilgrim, Mr., master of the ship Gillyflower,
vote deferred on his demand for freight
and wages, 83
judgment for wages of ship's company,
confessed by Captain John Bayly, . . 83
directed to send in an invoice of the goods
laden at London, with the names of
the consignees here, 84
lien claimed by, upon freight of the Gilly-
flower, disallowed by major vote ; but
said vote was stopped by a negative
vote of the deputies, 90
Pinnion, Elizabeth, 243
Pipe staves, inspection of, 169
Pirates, Turkish, Captain Thomas Bredcake
authorized to cruise for, 83
Piscataqua, see Pascataqua.
Planter, ship, account of voyage of, to Madeira,
settled, 247,248
Pleading, see Actions at law.
Plum Island, granted two fifths to Ipswich,
two fifths to Newbury, and one fifth
to Rowley, 283
Plumbago, hill containing, granted to John
Winthrop, Jun., 82
Plumer, Samuel, allowed to take 2d. each pas-
senger, for ferriage, 283
Plymouth, 24, 166, 284
Connecticut and New Haven, committee
appointed to treat with commidsioners
from, for union against the Indians, . 31
new conmiittee appointed, 35
and other colonies, the General Court con-
sents to articles of confederation with, 36
committee to treat with, for union, en-
larged, 38
union of, &c., see United Colonies of New
England,
claim to Seekonk, 68
326
GENERAL INDEX.
Plymouth, desired to bear a proportion of the
expenses of the agent at London, . .165
duties levied on all goods passing through
this colony to and from, 269
Pocock, Mr., 21
to be paid by Captain Stoughton, ... 82
letter of thanks to, 138
measures to be taken for payment o^ . . 262
f- Polls, towns ordered to make return of all be-
tween 16 and 60, 37, 151, 174
Pomfret, Willi, 30
commissioner at Dover, 45
lieutenant, 166
Pond, Mary and William, petition of, concern-
ing settlement of estate, 246
William, 246
Pont J . 132
Pope, or see of Rome, no Jesuits, or spiritual
or ecclesiastical persons ordained by
the authority of, allowed to come with-
in this jurisdiction, 193
Port and harbor regulations : order from the
House of Commons concerning duties, 34
order concerning collection of wine tariff, . 106
trading ships to have free access and
egress upon payment of duties, . . .109
anchorage dues collected by the marshal, 107
collected by captain of the Castle, . . .131
new order concerning rate on foreign ships, 131
fees established for wharfage of goods, . .170
wharfage rates referred to a committee, . 205
watch to be kept while many ships are in
the harbor, 273
order concerning importation of wines, . . 246
Porter, John, deputy, 66
Portugal, 169
Portuguese ship, 79, 80
Posse comitatus, may be summoned by consta-
bles, 151
fine for refusing to serve in aid of, . . .182
Potter, Nicholas, 163
Robert, adherent of Samuel Grorton, ... 52
Powell, Micha, licensed to keep ordinary at
Dedham, 147
deputy, 238
Power, Nicholas, 54
Press, for the safety of the records, 208
Prichard, Hugh, 41, 50, 74
freed from military duty, 149
deputy, ;. 33, 66, 264
Mr., [Hugh,] . . , 39, 109, 128
stock in hands of, to be laid out for powder, 78
confirmed as captain in Roxbury, . . .192
Mr., deputy, 97
Piichet, Mr., [Prichard,] 70
Prince, John, 6
Prison, £10 granted for repairs of^ 184
ordered to be repaired, 230
* 10 per cent offered for money for repairs of, 280
expenses of repairs to be paid, .... 288
Prison keeper, George Munnings, fees granted to, 148
to be fined for demanding fees from per-
sons bringing prisoners, 182
two men allowed as guard for, . . . .195
Privateer, commission for, granted to Captain
Hawkins, 79
Probate and administration : proposals for uni-
formity in United Colonies, .... 268
Proctor, John, exempt from training, .... 52
Profanity, 178
Prosecution, malicious, 181
Providence, 45, 68, 228
letter written to Adam Goodwin, &c., o^ . 47
cattle sent for, from, 48
Pumhome, Benedict Arnold is desired to buy
land from, 129
arrangements for procuring com for, 198, 240
commissioners appointed to examine, con-
cerning his petition, 2Q3
and Sachanonocho, sachems : a conmiittee
appointed to treat with, ..... 38
acknowledge jxuisdiction, desire protec-
tion, &c., 40
powder and fowling pieces supplied to, . 48
to be defended against the hostile Narra-
gansetts, 72
committee appointed concerning 10 men
to aid, 74
petition for aid against intruding Indians, . 1 12
settlement near, by Stephen Kingsley and
others, 128
Putman, Thomas, appointed conmiissioner for
Lynn, 97, 153
Pynchon, Pinchon, Pinchen, William, 96, 139, 161,
224
chosen Assistant, 33, 66, 97, 146, 187, 238, 265
appointed to pay according to the order
concerning the beaver trade, ... 31
to pay for his beaver trade to the time of
running the line, 44
new commission given to, for Springfield, 41
and others to hold Court at Springfield, . 109
authorized to admit freemen at Springfield, 4^24 4
Quarantine established for vessels from the
West Indies, 237
for West India ships, ended, 280 '
Quelues, Robert, 128
Rainbow, ship, 129
committee appointed to invoice and store
goods, sails, &c., of, 98
GENERAL INDEX.
827
RainboW) ship, part of the cargo of, delivered
to consignees, 99
settlement of case between Captain Smith
and others concerning cargo, negroes,
&c., 129
Rainsborow, William, to be paid £100 on his
petition, 80
Mr., [William,] Treasurer to pay the claim
of, 62
to be paid by Captain Stoughton, ... 82
Colonel, 236
Ram Island, . . .* . 265
granted to George Carr, 265
Rape, punishment of, 21
Rashly, Henry, 248
Rawson, Edward, 141, 147, 171, 203, 230, 271, 272
rent due for wine, hired to farm, by, . . 87
the collector of wine duties, allowed 25 per
cent., 150
commissioner at Newbury, . . . . . .148
appointed to marry at, 166
appointed to transcribe and sign all bills
in a book, 167
20 marks granted to, 167
land in the Pequot territory granted to, . .241
£5 granted to, also 500 acres of land, . .261
having relinquished the 500 acres of land,
is allowed £30, 283
to pay £5 towards a barrel of powder deliv-
ered to him, 270
deputy, 22, 66, 96, 146, 238, 265
Mr., 13, 15, 27, 28
deputy, 186
Raynowet, sagamore, fined and admonished
for consenting to the Narragansetts, . 139
Reading, 192,225,241
formerly called Ljmn village, 73
and Woburn, division of lands of, ... 75
and Winnisimmet highway, . . . 256, 271
Reals, pieces of 8, value of, 20
Record of births and deaths, to be made by the
clerk of the writs ; marriages to be
made by those solemnizing the same, 15
Recorder, William Aspinwall chosen pro tem., 84
Records * of the colony, an oak press to be
made for safe keeping of, 208
. of Courts, &c., oak presses to be made for
safe keeping of, 208
separate, by secretary for magistrates, and
by clerk for deputies, 259
Redman, Richard, 153
to pay for his ransom from the Indians, . 166
Reede, Ezdras, deputy, 238
Reeves, Thomas, 67
Resristrar. or Re<?ister, see Recorder.
Registration of births, marriages, and deaths,
fines imposed for neglecting to give
information for the, 59
Religion and civil liberty, covenant for matters
of, 61
Remington, John, Ill
lieutenant for Rowley, 187
Revenue, collector of customs appointed, . . 284
See Wines.
RejTier, Humphrey, deputy, 265
Rhode Island, commissioners sent to, concern-
ing wrongs done to Indians at Shawo-
met, 228
Rice, Rise, Edmund, 52, 114, 216
commissioner at Sudbury, .... 147, 245
deputy, 33
Richards, Thomas, referred to the Court of As-
sistants, 90
Richardson, Ezekiel, 36
commissioner for Woburn, 35
George, action concerning the Dartmouth
ship, 79
former order concerning, not reversed, . 82
John, marriage of, with Elizabeth Frier,
annulled upon proof of a former wife
living^ 86
William, 4
Richbell, John, 248
Rix dollar, value of, 20, 29
Roads in towns, selectmen to lay out, ... 4
See Highways.
Robber, burglar, &c., homicide of, justifiable in
defence of life against, 212
Robbery, &c., to be punished at the pleasure
of the Court, 22
Roger, Indian, of Andover, reservation to, . .159
Rogers, Ezekiel, 230
Nathaniel, 109,230
Mr., [Nathaniel,] 20, 184, 200
Roote, Ralph, petition concerning land set-
tled upon his daughter Sara, . . . 283
Sara, 283
Rose, La, , • . 120
Rowley, 14, 26, 30, 38, 46, 47, 52, 87, 89, 112, 187,
188, 215, 225, 242
taxes of, 14
military company of, Ill
one fifii of Plum Island granted to, . . . 283
Ro.xbury, 26, 30, 31, 38,46, 52, 98, 112, 116, 130,
140, 149, 163, 173, 192, 215, 218, 225, 226,
255, 256.
taxes of, 14
inhabitants of, Eleazar Lusher and others
appointed to lay out land of, . . . . 50
twenty saker shot granted to, 70
828
GENERAL INDEX.
Roxbury, committee appointed to lay out high-
way through, 115
William Demiison authorized to impress
men to repair a bridge in, 198
Ruck, Mr., allowed £5 158. for care of a com-
mittee which met at Salem, .... 51
payment of, 83
Russe, John, order concerning ferriage of ma*
gistrates to Dover by, 102
Russell, Russel, John, clerk of the writs at Cam-
bridge, 98
Richard, ... 89, 164, 239, 244, 260, 276
chosen Treasurer, . 97, 146, 187, 239, 265
deputy, 33, 145, 238
Mr., 45, 113, 149
Mr., [Richard,] chosen to fill place of
the Treasurer till next election, ... 83
petition o^ concerning ship Gilbert, . .113
Rust, Henry, recorder of births, 114
Ryalls, see Reals.
Sabbath, see Lord's day.
Sacononoco, (Socononocho,) and Pumhome,
powder and guns granted to, .... 48
committee to treat with, 38
jurisdiction acknowledged by, .... 40
supplied with powder, I 48
to be defended, 72
petition of, 112
See Pumhome.
Sadler, Richard, 68
Mr., 38
Sagamore of Agawam allowed to hare his gun
mended, 163
St Aubin, , 120
Salary of auditor, 141
of Governor, 53, 67, 165, 194, 239
of prison keeper, 148
of secretary and of clerk of deputies, . . 260
Salem, 8, 10, 21, 26, 30, 38, 49, 50—53, 57, 79, 82,
89, 112, 133, 140, 146, 147, 157, 170, 173,
225, 228, 229, 236, 252, 266.
taxes of, 14
and Ipswich, agreement concerning bound-
aries between, 35
discharged of payment for 2 barrels of
powder, 46
and Ipswich, land settled by inhabitants
of, granted to inhabitants of Ipswich, 48
to be the shire town of Essex, .... 83
and Lynn, military company of, chartered, 110
to provide 2 drums, 115
is granted 2 barrels of powder, . . . .152
allowed to remove highway and landing
from the head of Bass River to Dra-
per's Point, 265
Salem, consents to the incorporation of Mar-
blehead, 266
Court, 73, 103
associates of, appointed, . . 14, 35, 68, 276
Salisbury, 26, 30, 35, 38, 73, 75, 79, 89,97, 111, 112,
173, 190, 194, 225, 229, 246, 254
taxes of, 14
committee appointed to visit, concerning
founding a new church at, . . . .147
highway from Dover, 150
island in Merrimack granted to ; town au-
thorized to keep a ferry on its side, . 246
and Newbury ferry, to be kept by George
Carr and Mr. Coffin, .... 265, 266
ferry, to remain as granted till next Court
held at Salisbury, 276
Norfolk County Court, to be held at, . . 227
to be the shire town of Norfolk, .... 284
Courts, 242,266,276
Salt, manufacture of, a public work under the
care of Mr. Winthrop ; price- fixed, . 229
SaltODStall, Sir Richard, 76, 83, 89, 132, 133, 152, -^
165, 189, 201, 202
judged to own the land which he has
mowed for 4 years, 80
See Saltonstall, Robert
Richard, 22, 28, 40, 58, 65, 67, 69, 72, 74, 96,
109, 138, 139, 161, 165, 182, 241, 263, 272,
283.
discharged from censure in relation to
a book written by him concerning the
Standing Council, 5
chosen Assistant, 33, 66, 97, 146, 187, 238, 265
commissioner to hold Court at Piscat-
aqua, 74, 153, 219
and others, chartered as a trading com-
pany, 138
executor, his account of estate of John
Dillingham, 144
Mr., [Richard,] 23, 50
petition of, referred to Messrs. Nowell
and Tyng, 20
allowed to depart on account of his
wife's illness, ; 35
fined for absence from the General Court
remitted, 263
Robert, ........ 113, 207, 218. 226
tax for his brother respited, 27
petition for payment of claims not
granted, 32
allowed to take 2 sakers from the public
stock, 51 *
petition against Watertown, 59 "^
and Watertown, commissioners con-
cerning dispute of, desired to report, 76
GENERAL INDEX.
-.329
Salton&tall, Robert, fiiieil for presenting a peti-
tion on a small piece of paper, ... 76
judjTment concerning title to land of Sir
Richard, in Watertown, . -. . . . 80
in suit with Watertown; exceptions
overruled, 89
petition for explanation of order con-
cerning meadows in Watertown, . . 99
3200 acres of land granted to, in right of
his father, 132
£91 paid to, for money advanced by his
father, 132
ordered to pay his fine, 132
balance due on account of Sir Richard
to be paid to, 133
and John Humphrey, committee ap-
pointed to examine accounts between, 138
suit concerning Mr. Wannerton's house, 150,
168
land granted to, as part of that granted
to his father, 152
transfer of Sir Richard's land by, . . .189
granted a new trial against Watertown, 192
for Sir Richard, against Watertown,
cause settled by arbitration, . . . .201
fined and ordered to make restitution
concerning Wannerton's house, . 231, 232
trial with Dexter postponed, .... 230
allowed to bring suit for his lands at
Dover, 258
having petitioned for land, the Greneral
Court desires him to find a loca-
tion,. 274
granted a new trial concerning indem-
nity paid by him to Sellick, on ac-
count of sale of Wannerton's house, . 274
allowed to bring suit for property in
land at Swampscot and Piscataqua, . 282
Samuel, 202
Saltpetre, towns ordered to take measures for
manufacture of, 17
further order concerning manufacture of, . 29
committee appointed in each town to
enforce the order, 30
Sanden, Arthur, licensed to draw wine at Mar-
blehead, 135
Sanford, Samford, Mr., efforts to liberate cap-
tive children of, 52
Saunders, Sanders, Charles, on petition of,
appraisers appointed upon the wreck
to give a certificate for the owners in
England,
274
John, 13, 42, 44, 65, 79, 275, 276
commissioner at Salisbury, . . . . 35, 73
Martin 30, 40
voi^ 11, 42
Say brook, Seabrook, Fort, remon France of the
General Court against the payment of
customs for maintenance of, . . . . 269
Scarborow, Mary, allowed to sell real estate
upon conditions, 165
Scholars, churches are desired to support, to
increase the ministry, 167
Schools ordered to be established ; grammar
schools in towns of 100 household-
ers, 203
Scot, John, 245
Scottaway, Joshua, 137
Scriptures, learning encouraged to promote
the knowledge of, 203
Scut, William, 54
Seacunck, , 68
Seawall, see Sewall.
Secretary chosen, Increase Nowell, 66,97, 146, 187,
238, 265
duties of, 142
Edward Rawson appointed to aid in tran-
scription of laws, &c., 171
£5 granted to, &c., 185
fees of, to be increased for his better en-
couragement, 185
committee appointed to assist, concerning
revision and entry of orders, . . . .196
instructions to. concerning records, jour-
nals, and papers, 259, 260
to be allowed 20 marks, 260
proposal that the General Court may
choose^ . 285
Sedgwick, Robert, 60, 68, 276
dejputy, 22, 33, 55, 66, 238, 264
Captain, [Robert.] 27, 31, 36, 39
importation of goods by, 27
profit on goods to be divided between
the college and, 28
stock in hands of, delivered to Captain
Stoughton. to be expended for needful
articles, 31
fined for absence from Court, < . . . 41
Major, [Robert,] 74, 83, 104, 116, 239, 256, 260
purchaser of bread, 83
intrusted with conservation of the peace
in Charlestown, 116
Seekonk, claimed to be within the jurisdiction
of the Massachusetts colony, ... 68
Seely, John, 199
Selected townsmen, authorized to lay out cer-
tain highways, 4
to exercise control over children in matters
of industry, education, and religion, . 6, 9
authorized to determine causes where the
magistrate is interested, 162
330
GENERAL INDEX.
Selectmen, to receive warrants for taxes from, . 225
Seliick, David, . 115, 129, 207, 231, 232, 258, 274
Selwith, what it is, and its value to be brought
in by Mr. Allen's executors, . . . .164
Sentinels and watch, regulations concerning, 28, 29
See Watch.
Sergeant major, see Military affairs.
Sergent, Richard, 80
Servants, embezzlement by, 180
Sewall, Seawall, Mr., 67, 75
sent for upon petition of Mr. Dummer, . .184
Sharpe, Abigail, married to Thomas Jeggels, . 198
Mr., 22
Shawomet, commissioners appointed to redress
grievances at, 227, 228
Shawomock, . 40
Shawshin reported barren by committee ap-
pointed to view, 10
River land upon, granted to Cambridge, . 17
river at, to be called Shawshin River, . . 76
Sheath, Sheafe, Jacob, and Margaret Webb,
permitted to join in marriage, ... 46
Sheep, encouragement of importation and rais-
ing of, 105
encouragement to raise, by allowing them
privileges in pasture, .251
dogs, killing, to be hung, 252
Shepard, Sheopard, John, 128
Samuel, 59, 137
deputy, .'96
Thomas, .109
Mr., . 166, 200
Shepardson, Daniel, settlement of estate of, . 194
Sherbone, William, commissioner for Strawber-
ry Bank, . . . : 70
Sherley, Mr., to be paid, 262
Sherman, John, 202
clerk of the writs for Watertown, . . . .136
attorney for Watertown, 201
Richard, 117
George Story surety for costs against, . 3
against Captain Keayne, 12
wife of, paid for care in the board of
the General Court, 116
Goodman and Captain Keayne, order con-
cerning settlement of their dispute, . 51
Sherrott, Hugh, licensed to sell wine at Haver-
hill, ... 187
Ship hovering near, two boats to be sent to, . 97
Ship builders authorized to unite to frame regu-
lations, 69
Ships not to cast out ballast, .^44
See Port and harbor regulations.
Shires, colony divided into, 38
See Counties.
Shode, Daniel, .128
Shoemakers, not to be also tanners, . . . . 18 *f
of Boston, incorporated, 249
Shoes, inspection of, 31
Shore, Sampson, 160
Short, Shorte, Henry, commissioner at Newbu-
ry, 73, 148, 191 •
deputy, . 54
ShovelSoard, persons forbidden to play the
game of, at inns, 195
Shurt, Abraham, 168, 231
Mr., 150
Simkins, Mr., . T . 141
Skeppar, Theophilus, order forbidding sale of
an estate mortgaged to, 183
Skins, see Furs.
Slave stolen from Africa to be returned at the
expense of the colony, .168 *
Smith, Smyth, Francis, . . 98, 164, 192, 240, 271
allowed to sell wine at Reading, . . . . 241
George, . 253
commissioner at Piscataqua, . . .* . 37
200 acres of land granted to, for £25 stock, 139
commissioner at Dover, .153
clerk of the writs, &c., 166
Mr., [George,] associate at Piscataqua, 153, 219
Captain James, suit with Mr. KcBsar and
others concerning ship Rainbow, ne-
groes kidnapped, &c., . . 115, 129, 136
and Mr. Kezar, committee appointed to
examine concerning killing, stealing,
and wronging negroes by, . . . .176
Captain, . . ........ 79,216
John, of Warwick, .275
Mighill, fine for treble voting respited,, . 189 -p
Richard, . 48
Robert, commissioner for Exeter, . . 44, 103
Thomas, commissioner for Gloucester, . 67, 98
Mr., : 110
Goodman, wine seller and innkeeper at
Winnisimmet, 87
Southwick, Laurence, 245
Spain, .169
Sparhauke, Nathaniel, 41
deputy, 22, 33, 66, 146
Mr., . . .13, 80, 134, 139, 141, 162, 166, 176
committee appointed to treat with, con-
cerning lands for Indians, . . . .166
See Indians.
deputy, 97, 186
Sparlden, Edward, . . . . . . . . . .128
Spegall, John Peters, allowed to marry with-
out publishment, 275
Sprage, Sprague, Ralph, . . . . . . . .149
deputy, 66, 96
GENERAL INDEX.
331
Sprague, Lieutenant, [Ralph,] .... 192,267
Sergeant, ensign for Charlestown, . . .166
deputy, 55
Springfield, 182, 225, 268
the commissioners of the United Colonies,
with Mr. Pinchon, appointed to hold
Court at, 109
ordered to bring transcript of its lands and
record of its births, deaths, and mar-
riages. 224
to embrace Woronoco 224
Mr. Pynchon authorized to admit church
members as freemen at, 224
to extend on east side of Connecticut River
20 poles south of the warehouse, . . 227
taxes of, commuted for 6 years, .... 270
Squaw Sachem, powder granted to, and to have
her gun meruled, 36
furnished with a little ammunition, ... 44
admitted under the jurisdiction, .... 55
Stagge, Captain, 113, 121
Standing council, Saltonstall's book concern-
ing; S
book against, referred to the elders, ... 20
vindicated by the General Court, .... 21
Staniard, Stoniftrd, Anthony, commissioner for
Exeter, 103, 148
clerk of the writs, 187
Margaret, widow of John, allowed to sell
estate, 283
Staniell, Anthony, 192
Starbuck, Starbucke, Edward, 166
fi'ned for three weeks' absence, .. . . . 41
of Dover, an Anabaptist, 253
deputy, 33
Staves, inspectors of, to be appointed ; regula-
tions concerning, 169
Stealing, see Larceny.
Stebbins, Martin, 259
Steadman, Stedman, John, ensign for Cam-
bridge, 137
free from military service at Cambridge, . 227
Stevens, William, commissioner for Gloucester, 35
deputy, 66
Mr., 67
Stileman, Mr., 36
Stitson, William, 181,233,234
Stoddard, Stodder, John, 5
Mr., 198
Story, George, 3
Mr., petition of, to expedite the trial of his
cause with Captain Keayne, .... 51
Stoughton, Israel, . . . 6, 8, 20, 22, 42, 79, 80, 113
chosen Assistant, 33, 66
Assistant, sworn 47
Stoughton, Mr., [Israel,] 47, 60
two demi-culverins loaned to, . . . . 31
appointed on committee to order things
for the good of the country, .... 4 1
debt from, to be collected, 109
Captain, [Israel.] 27
to purchase goods with stock in hands of
Captain Sedgwick, 31
surveyor of arms authorized to collect
due from, 82
Mrs., authorized to dispose of the remain-
ing goods at 33 per cent, profit, ... 39
petition of, answered by the General Court, 90
to bring sureties to the auditor for her
husband^s debt, 140
Stowe, John, 52
Goodman, 100 acres of land granted to, for
transcribing laws, 14
Strange, Mr., 39
Strawberry Bank, 38, 70, 131, 175, 225
a minister to be provided for, 32
and Dover, settlement of boundaries, . . 45
the purchase of Mr. Knowles sold to, . . 45
a barrel of powder sold to, for dry fish, . . 57
sent to for deputies' board, 134
and Dover, 37, 45, 71, 134
Stubbs, Richard, 5
Sudbury, 26, 28, 30, 35, 38, 76, 89, 97, 99, 112, 124,
147, 163, 225, 245
taxes of, 15
£20 allowed to, towards a bridge, . . .102
no inhabitants allowed to remove from, . 122
granted two miles westward, with proviso, 273
Suffolk county, 50, 88, 109, 112, 124, r28, 141, 214
includes Boston, Roxbury, Dorchester,
Dedham, Braintree, Weymouth, Hing-
ham, and Nantasket, 38
regiment, Major Borne appointed sergeant
major of, . 245
Suirmiersby, Anthony, clerk of the writs, &c.,
at Newbury, 198
Summons, see Actions at law.
Sumptuary laws, orders concerning apparel^
laces, &c., repealed, 84
minors sent here for improvement not al-
lowed credit without order, . . . .217
Surgeons, midwives, &c., forbidden to try dan-
gerous or cruel experiments upon pa-
tients, 278
Surger}', dissection allowed once in four years
to aid in the study of, 201
Surveyor of arms, acts of, legalized, .... 47
See Arms, &c.
Swaine, Richard, 273
Swampscoate, Swamscote, 148, 282
332
GENERAL INDEX.
Swearing, to be punished by fine, 178
Swift, land of, confirmed to Thomas White, . .147
Swine, towns authorized and directed to make
orders concerning trespasses by, . .190
Symonds, Simonds, Symons, Henry, . . . .104
Samuel, 36, 54, 67, 96, 110, 138, 145, 157, 186,
227, 241, 263, 272, 283
chosen Assistant, 33, 66, 97, 146, 187, 238,265
commissioner to hold Court at Piscata-
qua, 74
appointed to hold Norfolk Court, . . . 266
500 acres of Pequot land granted to, . . 242
deputy, 22
Mr., [Samuel,] .... 20, 28, 128, 196, 245
is loaned the Court book to perfect his
copy for the shire of Essex, .... 48
fine for absence remitted, . . . . • . 263
Synod, assembling of, ... . . . 154,200,285
Tanners, see Leather.
Tantousq, a hill containing black lead, granted
to John Winthrop, Jun., 82
Tax, levied, £800, 13
£200 additional levied, ....... 30
£616 levied, 112
£616 levied, 124
Taxation, assessors to take census, and valua-
tion as basis for, 174
Taxes, produce received for, at fixed or equita-
ble rates, 27, 45, 112, 171, 173, 214, 254,
286
wampum not to be received for, .... 279
assessed upon estates when they lie for
town charges; upon persons, to the
church and commonwealth where they
dwell ; upon estates of non-residents
for all charges, 60
imposed upon polls, incomes, and estates ;
personal property at fixed rates ; real
to be valued, 173,174
for church and state purposes, to be as-
sessed upon all property in the towns
where it is, 209, 210
law for more equal assessment of, and for
collection of, 212
warrants for, to be issued to selectmen, . 225
for the year, directed to be levied and col-
lected with great speed, 218
order concerning exemption of magistrates
from, 239, 240
or rates public, adjudged to be those lev-
ied by commonwealth, not by town or
church, 260
Taylor, Gregory, constable of Watertown, . . 3
Thomas, of Watertown, sale of land to,
confirmed by the General Court, . . 283
Ted, John, land granted to, for the stock of
Richard Yonge, 246
Testimony may be recorded in perpetuam, . . 204
Thanksgiving appointed June 11, 1646, . . . 161
court of assistants authorized to appoint,
1648, 263
Thatch, order concerning, 284
Theft, punishment of, at pleasure of Court, . . 22
Theological tenets specified, the denial of
which is heresy, 177
Thing, Jonathan, 76
Thomson, David, 245
John, 245
Thomson's Island granted to John Thomson, . 245
petition of Dorchester concerning, . . . 258
Thome, Sarah, 160
Tibbet, Tybbot, Walter, 4, 189
Tiles, regulations concerning making of, . .180
Tobacco not to be taken within 5 miles of a
house, 151
Tomlins, Tomlyns, Edward, . . . . 7, 8, 10, 35
appointed clerk of the writs, 38
contracts to repair Mystic bridge, ... 51
deputy, 33, 55, 66
Sergeant, [Edward,] 30
Ensign, [Edward,] commissioner for Lynn, 73
Topsfield, village at the new meadows named, 258
Torrey, Torry, Tory, William, commissioner for
Weymouth, 35, 73, 97
appointed to marry, . 187
deputy, 23, 33, 66, 238, 265
Mr., [William,] 46
Lieutenant, [William,] 136
drill ofiicer at Hingham, . . . . 114,124
excused from duty, 148
commissioner and clerk of the writs, . 167
grant to, for labor in transcribing, &c., . 266
deputy, 96
[William,] deputy, 55
Towers, John, 113
Town crier, 14
Towns, selectmen authorized to lay out private
roads in, 4
ordered to send return of polls between 16
and 60, 37
orders concerning deputies from, 3, 47, 209, 217,
231
authorized to present to the Quarter Court
idle and unprofitable persons, . . .180
minor judicial ofiicers of, to be appointed
by the County Courts, 188
marks or letters of, for cattle, 190
authorized to make choice of selectmen,
&c., not freemen, after taking oath of
residents, 1^7
GENERAL INDEX.
333
Towns, members of churches, who refuse to be-
come freemen, may yet be chosen to
fill offices in, 208
Courts for trial of small causes in, . . . 208
boundaries of, to be perambulated once in
3 years, 210
set out within 1 year after gjant, . . .210
marked by a heap of stones or a deep
trench, 210
selectmen of, to provide powder, bullets,
&c., 282
jurymen summoned to be in proportion to
tlie number of inhabitants in, . . . 285
Traders, see Fur traders.
Trading companies chartered, .... 60, 138
Traske, William, 27
Captain, [William,] 70, 133
land granted to, located, 259
Treasurer, William Tynge chosen, . . . . 34; 66
pro tem., Mr. [Richard] Russell appointed
as, 83
Richard Russell chosen as, 97, 146, 187, 239,
265
warrants on, to be drawn by the council, . 70
authorized to claim the property of the
country, now scattered, 70
committee appointed to take the account
of, 73
to collect claims due the country, . . 73
and auditor, relative duties of, . . . 141 — 144
directed to issue warrants to selectmen of
towns, for assessment of taxes, . . . 225
account of, to be rendered and examined
yearly, 244
committee appointed on accounts of, . . 271
Tredaway, Nathaniel, allowed to sell wine, . 164
Trespass by cattle, order concerning, . . . .190
by riding or using another's horses, &c.,
punished, 195
Tribute, to be collected by the magistrates, . 28
Troopers, see Cavalry.
Tryall, ship, allowed powder and ordnance, . 15
Turkish pirates, Captain Thomas firedcake au-
thorized to cruise for, 83
Turner, Robert, 54, 249, 277
to be paid arrears of his claim, .... 62
claim of £100, due to, ordered to be paid, . 129
£50 granted to, 149
Goodman, [Robert,] his claim paid, ... 83
Tuttle, Tuttell, John, 4, 36
deputy, 55
Mr., new trial granted in the action of
£lwell. Brown, and others, against, . 198
Two Brethren, a place near Shawshin, ... 1 1
Tybbot, see Tibbet.
Tyly, William, adjudged to pay 40.s., .... 273
Mrs., fine of £4 to be collected from the
husband of, on her petition, .... 207
Tyng, T>Tige, Ting, Tinge, Edward, . 45, 80, 124
constable of Boston, 7
debt due from, to be collected, . . . .109
William, 13, 35, 41, 44, 60, 62, 69, 78, 139, 171,
233, 234, 239
chosen Treasurer, 34, 66
to render his account at next session, . 38
£26 6s. 8d. allowed to, for charges of
cattle, &c., 51
credited by £103, paid Deputy Governor
Winthrop, 74
account of, approved, 79
petition of, concerning 2 guns attached
at the suit of Lord Brook's executors, 167,
2|6
See Mr. Barkley, 198
Valentine Hill, and Thomas Gainer, set-
tlement of account between, con-
cerning a voyage of the ship Planter, 247
- —249
captain for Braintree, 199
commissioner, 271
deputy. 22. 33, 66, 186, 265
Mr., [William,] .... 20, 41, 196, 216, 218
deputy, 55
Captain, [William,] . . . 205, 227, 244, 274
Uncas, 137
Narragansetts are ordered by the General
Court to cease the war upon. . . . .117
Underwood, Thomas, dismissed at his request, 258
deputy, 238
United Colonies of New England,. . 46, 139, 160
proceedings for the confederation of, 31, 35, 36)
38
union of, 69
commissioners of, chosen, 69, 109, 146, 187,
239, 265
form of commission to the conrniissioners
of, 69
commissioners of Massachusetts for, al-
lowed 2 men and 4 horses, at the
public charge, 70, 71
£5 expenses paid to commissioners of, . 79
expenses of commissioners of, allowed, 99
commissioners for, are desired to meet at
Boston forthwith, 117
commissioners of, choose Edward Gibbons
general of forces to aid the Mohican
chief, 122
commissioners of, authorized to send war-
rants to the constables for collection
of expenses of war, &c., 151
334
GENERAL INDEX.
United Colonies of New England : a special
> committee appointed to peruse the ar-
ticles of confederation of, and to pre-
serve the separate rights of the colony, 245
commissioners of, are allowed two Indians, 264
action of the General Court upon certain
propositions of the commissioners of, . 263
the General Court to consider how far the
acts of a majority of the confedera-
tion shall bind the remainder, . 267 — 269
the conmiissioners are desired to urge con-
federates to increase their stock of
powder, 268
Upham, John, commissioner for Weymouth, . 73
Vagrants and idlers to be presented to the
Quarter Court, 180
Vaine, Henry, 90
Valuation of estates, 173,174
Vaysey, William, 128
Venn, John, 76
Thomas, land to be granted to, for his
father^s stock, upon authority shown, 76
Venner. Thomas, 250
Violle, La, -, 120
La, Suisse, , 120
Virginia, 114
ministers to be recommended, to, ... 27
±. Voting, fraudulent, 48
AVabon, .............. 166
Wade, Jonathan, 400 acres of land granted to, '. 273
Wakefeild, William, ......... 10
Waite, See Wayte.
Waldron, Waldren, Waldeme, William, ap-
pointed associate for Pascataqua Court, 5
appointed recorder, 153
deputy, 146
Mr., [William,] . 150
committee appointed to examine papers of, 166
estate of Mr., of Dover, deceased, settled ;
estate left in the hands of Hate-evill
Nutter and John Hall, 272
Walgrave, Thomas, land granted for heirs
of, 256
Walker, Isaac, 104, 136, 212
Richard, 68
deputy, 27, 238, 265
Lieutenant, 259
£i granted to, 165
Wall, James, commissioner for Exeter, . . .148
Walter, Mr., 10
Wampum, Wampampeag, 48
order concerning stringing and assorting of,
in uniform parcels, 261
not to be accepted for taxes, 279
trade in, see Furs, &c.
Wannerton, Wonerton, Mr., associate Pascat-
aqua Court, 6
deputed to seize ammunition in the hands
of those suspected of supplying the
Indians, 24
business concerning the house of^ between
Mr. Shurt and Mr. Robert Saltonstall,
referred to the next General Court, . 150
suit concerning house of, decided in favor
of Mr. Robert Saltonstall and Mr. Da-
vid Yale, 168
final judgment of Court concerning the
house of, 231
petition of Robert Saltonstall concerning
suit about the house of, 274
Thomas, 232
War, see Military affairs, Arms, &c.
Ward, Nathaniel, his farm of six hundred acres
near Pentucket granted to, .... 3S
Mr., [Nathaniel,] ....... 109, 157
petition of, concerning £10 demanded
by, referred to a committee, . . . .182
William, commissioner at Sudbury, . . 99, 147
deputy, 66
Wardall, Thomas, commissioner for Exeter, . 44
Wareham, John, 139
Mr., 10
Warehouse, boundary of Springfield, .... 227
Waring, Arthur, 128
Warner, John, adherent of Samuel Gorton, con-
fined to Boston, 52
Mr. 35
Warwick, Earl of, safe conduct from, for Sam-
uel Gorton, 243
[R. I.] letter from John Smith in behalf
of the inhabitants of, denying ^Tong
done to the Indians, 275
Wasket, Stewkley, to be paid for a lamb, &c., . 54
Watches, orders concerning, 24, 25, 28, 29, 72, 120,
121, 151, 223
Water power, patent for new application of,
granted to Joseph Jenkes, . . . .149
Waterman, Richard, 35, 53, 73
Thomas, 128
Watertown, 3, 26, 30, 31, 34, 38, 50, 53, 98, 112, 132,
163, 166, 218, 225
taxes of, 14
Robert Saltonstall's petition against, re-
ferred to a committee, 59
and Robert Saltonstall's commissioners, are
desired to report their decision, ... 76
decision concerning Sir Richard's land in, 80
voted by the General Court that Sir Rich-
ard Saltonstall has not been wronged
by, 83
GENERAL INDEX.
335
Watertowii, judgmeat against, 89
petition by Robert Saltonstall, concerning
meadow in, 99
to pay the General Court for expenses dur-
ing trial, 144
a new trial granted to Robert Saltonstall
against, 192
and Robert Saltonstall, suit between, set-
tled by arbitration, 201
and Dedham, land between, allotted to
settlers, .184
allowed to sell estate of Thomas Philpot
to pay charge of keeping him, . . .216
ordered to erect a new bridge near the mill, 194
bridge, committee appointed to view place
for, 216
time granted to, for completion of the'
bridge, 236
Wayte, John, of Charlestown village, paid for
two books, and transcript of laws therein, . 227
Webb, Webbe, Christopher, 128
Henry, . 104
Margaret, . 46
Richard, : *. 249
w^idow, 117
Webster, Abigail, . . . . : . .' . ; . 184
Elizabeth, • . . 184
Hannah, .184
Israel, . 184
John, deceased, widow of, administratrix,'. 184
division of estate of, . . . . . . .184
John, '. 184
authorized to collect £5 4s. from tlie in-
habitants of Piscataqua, 258
Mary, widow, ,. . . *. 184
Mary, "... 184
Nathan, . 184
Stephen, . 184
Weekes, , 228
Weights and measures, orders concerning, con-
firmed, ; . 79
a set to be provided by auditor general ;
and a sealer to be chosen by each
town for, 211
Weld, Wells, Joseph, 41, 135, 165
deputy, 33, 55
Captain, [Joseph,] wife of, . . . . . . 98
Ensign, [Joseph,] 45
Mr., [Joseph,] 39
Mr., [Rev. Thomas,] 41
is desired to return from Old England, . 137
letter concerning settling claims with
Mr. Downing, 162
Wenboume, Wembome, William, clerk of the
writs for Exeter, 44, 46
Wendall, Thomas, 166
Wenham, . . . 49,57,87,89,99,112,200,242
originally called Enon, 44
allowed to send a deputy, 44
road beneath, eastward, to be laid out, . . 82
West Indies, quarantine established for ves-
sels from, 237
quarantine ended, 280
Weston, Francis, adherent of Samuel Gorton,
confined to Dorchester, 52
Weymouth, 26, 30, 35, 38, 46, 73, 89, 97, 98, 112.
123, 167, 173, 187, 225, 271
taxes of, 14
allowed to let out its swamp, 195
and Braintree, highway between, . . ; 40
Braintree and Dorchester highway, . . .271
ferry allowed 2d. toll, 90
Wharfage, . 170
rates of, referred to a conmiittee, .... 205
Wheat, rye, &c., transportation of, 240
paid for taxes, see Taxes.
Wheate, John, wine duty abated to, . . . .152
Wheateley, John, . . 128
Wheeler, Timothy, ensign for Concord, . . .146
sergeant, of Concord, . .• 266
Wheelers, of Concord, land granted to the, . . 51
Wheelock, Ralph, clerk of the writs for Ded-
ham, 28
appointed to marry at Dedham, . . . .136
Wheelwright, Mr., [John,] allowed, if he him-
• self petition it, to come back upon a
• • safe conduct, - . 32
safe conduct granted to, and liberty to re-
main 14 days, - . 37
a safe conduct granted to, if he shall de-
sire to come to the next Court, ... 50
upon confession, is restored to his rights
as freeman, 67
Whipple, John, appointed clerk of the writs, . 14
deputy, 22, 146
Mr., . 13
White, James, 10
Joseph, bound to Sampson Shore for 7
years, 160
Richard, committed for refusing to watch, 23
Thomas, confirmed in title to Swift's
land, 147
Mr., . 132
Whitfeild, Edward, .283
Whiting, Mr., reservation of rights of, in laying
out bounds of Northam, 32
difference between, and the General Court,
referred, -32
assignee of lands in Dover, &c., order cx)n-
ceming, 17j, 176
336
GENERAL INDEX.
^Vhitman, Whiteman, John, commissioaer for
Weymouth, 97, 167
John, ensign at Weymouth, 98
Robert, referred to the inferior Courts, . .149
Whittingham, John, Ill
Lieutenant at Ipswich, 100
Mr., 48
Wicks, John, adherent of Samuel Gorton, con-
fined at Ipswich, 52
4- Widow^s claim to husband's estate, . . . .281
Wiggin, Wiggen, Wiggens, Thomas, . . 253, 272
[Thomas,] 72
Captain, [Thomas,] commissioner, justice,
&c., at Pascataqua, . 5, 37, 110, 120, 163,
219
Norfolk county, 242, 266
deputy, 96
Wilkins, Bray, 59
Will, the Indian, 35
Will of a minor, Mary Benjamin, 183
Willard, Simon, 11
deputy, 146, 265
Lieutenant, [Simon,] .... 13,89,99,117
chosen captain for Concord, 146
deputy, 55, 96
Captain, [Simon,] 266
Wilbey, Mary, . 14
Williams, Francis, joined as associate at Pis-
cataqua, 31
commissioner for Strawberry Bank, ... 70
Mr., [Francis,] 136
commissioner at Pascataqua, .... 37
associate for Dover, 110
of Piscataqua, ordered to send back
the negroes bought from Captain
Smith, 136
Willoughby, Willowghby, Francis, . . 159, 162
deputy, 22, 145, 264
Mr., 149
and others, thanks returned to, for their
kindness, 27
Wills, penalty for concealing, or not carrj'ing
in for probate ; or for proceeding to ad-
minister estates without authority, . 287
Wilmet, Thomas, 128
Wilson, John, pastor of Boston, 1500 acres of
Pequot land located adjacent to Mr.
Winthrop's, granted to, 241
Thomas, of Exeter, case between the wid-
ow and the oldest son of, referred to
Ipswich, 58
William, 139
stipend abated to £10 and fees, ... 30
order of the General Court legalizing
his appointing a deputy marshal, . . 285
Wilson, William, £10 allowed to, towards the
house built near the prison, .... 76
widow, fine of £5 accepted by the Gen-
eral Court in pipe staves. 45
claim for her husband's wages to be
paid provided she depart from the
prison house, 161
bill of £23 allowed to, 198
Winchester, Alexander, commissioner for Brain-
tree, * ... 35
John, 164
Wine, excess in, reprobatetl, lOO
sent to the assembly of elders at Cam-
bridge, 194
stringent rules adopted to prevent exces-
sive drinking of. 257
Wines, tatx to be collected upon, sold at retail, 82
duties on, farmed to E. Rawson, .... 87
impost on, 4 per cent., 106
officer appointed to receive dues from, re-
tailers of, to be sworn, 130
order concerning collection of duties on,
by auditor, 152, 215
to be retailed only by licensed vintners, 171 —
173, 188
order concerning duty on, 215
order concerning collecting duties on, . . 246
duties on, to be paid to the captain of the
Castle, 260
bond given for licenses to retail in Boston
and Charlestown, 253, 277
bond given for £120 for duty, 276
retailers authorized to sell to Indians, . . 85
forbidden to sell, 258
Wing, Robert, 216
Winnisimet, 50, 87, 173, 188
to Exeter, committees appointed to lay out
highway from, 192
and Reading highway, committee to locate,
increased, 256
to be located anew, 271
Winshope, Edmund, ensign at Cambridge, . .187
Winsley, Winslye, Samuel, further time granted
to, to begin salt works, 5
commissioner at Salisbury, 97
deputy, 22, 96
ISIr., .' 32
Winslow, Winslowe, Edward, 284
deputy, 54
Mr., [Edward,] is desired to act as agent
of the colony at London, 162
instructions to, &c., . . . . 171, 175. 185
agent of the colony, &o., directed to take
advice as to his mission : petition of
Dr. Child to be copied for, . . . .175
GENERAL INDEX.
3a7
Winslow, Edward, agent of the colony at Lon-
don; treasurer directed to send £50
to, 244
Winter Island, 79
Winthrop, Adam, and Deane, 1000 acres of land
purchased of Robert Saltonstall, lo-
cated to, 189
Deane, 189, 275
John, 4, 17, 20, 21—23, .31, 35, 38, 39, 41, 50,
51, 53, 54, 61, 65, 74, 80, 86, 87, 96, 109,
145, 162, 171, 186, 196, 218, 242, 245, 264.
chosen Governor, . . . .33, 146, 187, 238
chosen Deputy Governor, .... 66, 97
paid salary for service, . 67, 136, 194, 239
report of committee appointed to locate
the land granted to the wife of; 30
acres meadow granted in addition, . 12
petition of Uingham against, .... 97
acquitted of charges brought by inhab-
itants of Hingham, 114
his contract of marriage with Martha
Coytemore, 232 — 234
powder used at the funeral of, given by
the General Court, 270
Boston's great love and respect to, mani-
fested in solemnizing his funeral,
thankfully acknowledged by the €ren-
eral Court, 270
deceased, committee appointed to exam-
ine and put in order the public writ-
ings of, 271
Governor, deceased, provision for his wid-
ow and youngest child by the Gen-
eral Court, according to his desire, . . 274
a bushel of apples for Conant's Island
paid in by, 27
John, Jun., 54, B5, 83, 96, 104
chosen Assistant, 33, 66, 97, 146, 187, 238, 265
is granted pa3rment of his bill of £50, 47
Tantousq granted to, upon purchase
from Indians, 82
authorized to establish a plantation and
iron works at or near Pequot, ... 71
authorized to exchange lands with the
Pequots who are willing to remove, . 160
3000 acres of Pequot land granted to,
with provisoes, 241
Mr., [John, Jun.,] undertakes the manufac-
ture of salt, 229
Martha, widow of Governor Winthrop, . . 275
Samuel, 275
Stephen, 17, 82
permitted to go to England, 28
petition of, concerning Mad. Latour and
others, 135
VOL, II. 43
Winthrop^ Stephen, deputy, 55, .66
Wiswell, Wisewell, John, ccAnmissioner for
Dorchester, ' . 166, 194
deputy, 145
Witchcraft, order of Court for discovery ofi . . 242
Witheridge, Edward, . 152
Witnesses, testimony of, may be recorded, . 204
not compellable to attend Court till tender
of fees, 204
Witter, Mr., to appear at Court of Assistants, 159
Wobum, . . 35, 36, 38, 76, 89, 112, 225, 258, 283
originally Charlestown village, .... 28
and Cambridge highway, 36
and Lynn village, partition of lands be-
tween, 75
Woddell, William, adherent of Gorton, con-
fined to Watertown, 53
Wolcott, see Wool cote.
Wolves and foxes, orders concerning bounties
for killing, 84, 103, 252
selectmen of towns authorized to buy
hounds for hunting; to have control
of the keeping of dogs, saving the
dogs of the magistrates, . . , 252, 253
Wood, measurement of, by tonnage, . . . .181
Wood, Woode, John, is allowed time on his
debt, on account of losses, .... 63
Nicholas, . • 23, 128
Woodbridge, John, sale of land to, by Cut-
shamake, 159
Woodman, Edward, 275
commissioner at Newbury, 98
Mr., [Edward,] commissioner at Newbury, 148
deputy, 33
Mr., 16, 23, 148
Woodward, Nathaniel, 11
Ralph, appointed to marry at Uingham, . 283
Woody, Richard, Sen., licensed wine seller
at Roxbury, 98
Woolcote, Henry, 139
Woollen cloth, encouragement of manufacture
of, 105
Woory, Ralph, allowed to ship 8 dozen goat
skins, 135
Word preached, or ministers, punishment for
reproaching, 179
Wormewood, WilHam, wife of, 199
Woronoco, Woronock, 264, 268
claimed by Mr. Feuwick by a patent older
than ours 44
upon Connecticut River, declared to belong
to Springfield, 224
Worship, public, persons absenting from, to he
fined, 177, 178
of false gods by Indians to be punished, . 177
338
GENERAL INDEX.
Wo68amegon, receiyed, 55
Wrecks, strays, whales, &c., auditor to have
charge of, 143
Write, John, deputy, 238
Written tree, 50
Yale, David, 232, 277
agent of Mr. FoxcrofI, ordered to render
an inyentory, 66
recital of former order ; Sewall to satisfy
his debt with the lumber, pipe staves,
&o., l>f Fozcroft, 75
Yale, David, mortgage to^ on Wannerton's house, 168
decision in case concerning, . . . .231
See Robert Saltonstall.
Yarmouth, 79
Yong, Christopher, of Wenham, deceased, order
giving executors discretionary power
as to sending his children to England, 272
Yongs, Joseph, 36
Younge, Richard, land granted to John Ted for
stock of, 246
^,Katherine, 136
INDEX OF FREEMEN.
1642-1649.
i
INDEX OF FREEMEN.
1642-1649.
Adams, Alexander, 295.
Adams, Nathaniel, 295.
Adams, Samuel, 293.
Adams, Thomas, 293.
Albey, Benjamin, 292.
Albye, John, 293.
Aldridge, Henry, 294.
Aline, WiUiam, 292.
Allen, George, 294.
Allen, Henry, 295.
Allen, James, 295.
Ambros, Henry, 292.
Ames, William, 295.
Antrum, Thomas, 291.
Araol, John, 293.
Aspinwall, Peter, 294.
Atkinson, Theodore, 291. '
Atwodd, Harman, 294.
Avery, Thomas, 292.
Bachiler, William, 293.
Bacon, Daniel, 294.
Baker, Alexander, 294.
Baker, John, 291.
Baker, Richard, 292.
Baker, Thomas, 295.
Bakon, John, 295.
Bancroft, Roger, 292.
Barber, George, 295.
Barnes, Thomas, 294.
Barren, George, 293.
Rarrill, Thomas, 294.
Bame^ Samuel, 295.
BatemaU; Thomas, 292.
Beachamp, Edward, 292.
Beard, Thomas, 293.
Berry, William, 292.
Billindg, Rodger, 293.
Bird, John, 294.
Bird, Simon, 293.
Bishop, Nathaniel, 294.
Bishope, Richard, 291.
Blacke, Henry, 294.
Blacke, John, 293.
Blacke, Richard, 294.
Blanchard, John, 295.
Blanton, William, 293.
Blisse, Thomas, 292.
Boulton, Nicholas, 293.
Boyden, Thomas, 295.
Boyse, Joseph, 29 i.
Bracket, Peter, 293.
Bradford, Robert, 291.
Branch, William, 295.
Brewen, Obadiah, 292.
Brick, Robert, 295.
Bridges, William, 294.
Bridgham, Heniy, 293.
Bright, Samuel, 294.
Briskoe, Daniel, 291.
Brock, John, 292.
Browne, Robert, 295.'
Browne, William, Mr., 295.
Buckmer, Thomas, 294.
Bulfinch, John, 291.
Bulkeley, John, 291.
Bullock; Richard, 294.
Burrage, John, 291.
Burt, Henry, 295.
Butler, John, 295.
Butrick, William, 295.
Butterfeild, Benjamin, 293.
Button, Robert, 291.
Byam, George, 291.
Carleton, Edward, 291.
Carter, John, 293.
Carter, Samuel, 294.
Carter, Thomas, Jun., 294.
Cawkin, Hugh, 292.
Chamberlin, Thomas, 293.
Chamberline, Heniy, 294.
Chapin, David, 295.
Chapline, Hugh, 291.
Chaulkly, Robert, 294.
Cheiett, Nicholas, 294.
Chever, Bartholomew, 295.
Chickly, John, 295.
Church, Garret, 295.
Clepp, John, 294.
Clooke, Jonah, 295.
Clough, John, 291.
Coggan, John, Jun., 291
Colimer, Isaac, 293.
Collens, John, 294.
Collier, Thomas, 294.
Comins, Isaac, 291.
Conkling. Ananias, 291
Converse, Allen, 293.
Cooke, Philip, 295.
Cooke, John, 291.
(341)
342
INDEX OF FREEMEN.
Cooper, John, 292.
Cooper, Thomas, 295.
Corlet, Elijah, 294.
Cotton, William, 295.
Crispe, Benjamin, 294.
Crithley, Richard, 291.
Cunlithe, Henry, 293.
Curtesse, Richard, 294.
Darning, John, 294.
Danford, Samuel, 295.
Danforth, Samuel, Mr., 295.
Danforth, Thomas, 293.
Daniell, William, 295.
Dants, Robert, 292.
Davenport, Thomas, 291.
Davies, George, 293, 295.
Davies, Samuel, 294.
Davies, William, 294.
Dawes, William, 294.
Day, Matthew, 294.
Day, Ralph, 294.
Denison, Edward, Mr., 295.
Denison, George, 295.
Devotion, Edward, 294.
Dewing, Andrew, 294.
Dickson, William, 292.
Dowdy, George, 294.
Dowe, Thomas, 292.
Dowse, Lawrence, 294.
Duglas, William, 294.
Dun, Thomas, 295.
Dyer, Thomas, 293.
Eckels, Richard, 292.
Edwards, Robert, 292.
Edwards, Thomas, 292.
English, William, 292.
Evance, Henry, 294.
Evans, Richard, 293.
Everad, Richard, 294.
Famworth, Joseph, 295.
Feild, Alexander, 295.
Feild, Robert, 293.
Fellows, Samuel, 293.
Fimam, Henry, 294.
Fisher, Anthony, 294, ^t«.
Fisher, Cornelius, 295.
Fisher, Josua, 295.
Fiske, David, 295.
Fiske, James, 291.
Fiske, Nathan, 293.
Fiske, Phineas,291.
Fiske, WilUam, 291.
Fletcher, William, 293.
Foster, Thomas, 291, 295.
Fownell, John, 294.
Fox, Thomas, 293.
French, John, 293.
Fumell, Strong, 293.
Gardner, Geprge, 292.
Gardner, Thomas, 294.
Gay, John, 293.
Gaye, John, 294.
Genery, Lambert, 294.
Gilman, Edward, 294.
Gingen, John, 294.
Goard, Richard, 293.
Gooding, Edward, 291.
Goodnow, Thomas, 292.
Gookens, Daniel, Captain, 293.
Gowing, Robert, 293.
Green, James, 294.
Green, William, 293.
Greene, John, 291.
Greene, Nathaniel, 294.
Griffin, Hugh, 294.
Grimes, Samuel, 291.
Grissell, Francis, 294.
Guil, Samuel, 292.
Guile, John, 293.
Gumell, John, 293.
Gutch, Robert, 292.
Guttering, John, 291
Hackbume, Abraham, 293.
Hadlock, Nathaniel, 294.
Halsall, George, 293.
Hardier, Richard, 295.
Harding, Abraham, 294.
Harrington, Richard, 294.
Harris, John, 295.
Hartshorn, Thomas, 295.
Hartwell, William, 292.
Harvy, William, 294.
Harwood, Henry, 292.
Harwood, John, 295.
Hassall, Richard, 295.
Hastings, John, 293.
Haule, Richard, 293.
Haward, Samuel, 295.
Hawkes, Matthew, 291.
Hawkins, Abraham, 293.
Haynes, John, 294.
Hely, William, 294.
Heman, Francis, 294.
Herman, Nathaniel, 293.
Het, Thomas, 292.
Hews, Abel, 292.
Hides, Samuel, 295.
Hildrick, Richard, 293.
Hill, John, 291, 294.
Hill, Joseph, 293.
Hill, Ralph, 294.
Hilton, William, 292.
Holbrooke, Richard, 295.
Holbrooke, Thomas, 294.
Holbrooke, William, 295.
Holioak, Elitzar, 295.
Hollister, John, 293, bis.
Hooper, William, 295.
Howard, Nathaniel, 293.
Howen, Robert, 291.
Huit, Thomas, 295.
Hull, John, 295.
Ingoldsbey, John, 291.
Jackson, Edward, 294.
Jackson, John, 293.
James, Francis, 293.
James, Gawdye, 291.
Jenison, Robert, 294.
Jenkins, Joel, 294.
Joanes, Lewes, 293.
Joanes, Thomas, 294.
Jones, Griffin, 295.
Jones, John, 294.
Jordan, Thomas, 295.
Kempster, Daniel, 295.
Kendall, Francis, 295.
Kendall, Thomas, 295.
Kenhiston, Allen, 291.
Kent, Joshua, 294.
Kerly, William, 294.
Kibbey, Henry, 292.
Kitchin, John, 292.
Knight, Richard, 291.
Knights, John, 293.
Lake, John, 293.
Langford, John, 294.
Lamed, Isaac, 294.
Leach, Robert, 293.
Leeds, Jlichard, 294.
Leoman, Robert, 292.
Lewes, John, 294.
Lewes, William, 291.
Lincolne, Thomas, 291.
Line, Thomas, 294.
Lister, Andrew, 292.
Longe, Robert, 294.
Looker, Henry, 292.
Looker, John, 294.
Lowder, Richard, 291.
Lyon, Peter, 295. •
Mader, Robert, 293.
Manning, William, 293.
Mansfeild, John, 293.
March, John, 291.
Marshall, Thomas, 293
INDEX OF FREEMEN.
343
Mather, Samuel, Mr^ 295.
Mathis, John, 291.
Maynard, John, 293, 295.
Medcalfe, Micha, 294.
Merriam, William, 295.
Metcalfe, John, 295.
Metcalfe, Micha, 292.
Michell, Jonathan, 295.
Miles, Samuel, 294.
Miriam, John, 295.
Modsley, Heniy, 294.
More, Jeremy, 294.
More, Thomas, 292.
More, Richard, 292.
Morgan, James, 293.
Morly, John, 294.
Munjoy, George, 295.
Nash, James, 294.
Neale, John, 291.
Needam, William, 295.
Negus, Benjamin, 295, bis,
Neuton, Richard, 295.
Newberry, Richard, 294.
Newton, John, 292.
Newton, Richard, 294.
Norcross, Nathaniel, 293.
Norton, Francis, Mr., 291.
Nyles, John, 295.
Okes, Edward, 291.
Okes, Thomas, 291.
Onion, Robert, 294.
Osbume, Thomas, 295.
Page, Robert, 292.
Palmer, Henry, 292.
Pardon, William, 294.
Parker, Abraham, 293.
Parker, James, 293.
Parkhurst, George, 293.
Parmenter, John, 292.
Parsons, William, 294.
Partridge, Nathaniel, 293.
Pary, William, 294.
Patten, William, 294.
Payne, Moses, 295.
Pearley, Allen, 291
Peaseley, Joseph, 292.
Pebody, Francis, 292.
Peerce, John, 295.
Peirce, Robert, 291.
Peirson, John, 295.
Pelham, Harbert, 293.
Pemberton, James, 295.
Pepper, Robert, 293.
Perkins, Isaac, 292.
Peraune, Bartholomew, 295.
Phese, William, 293.
Phippen, Joseph, 293.
Phips, Solomon, 291.
Pid, Richard, 292.
Pike, James, 294.
Pinchen, William, Mr., 292.
Place, Peter, 294.
Plunton, John, 293.
Poget, Thomas, 295.
Pond, Robert, 292.
Powning, Henry, 293.
Prat, Thomas, 295.
Pratt, John, 293.
Prence, Richard, 292.
Prest, James, 293, bis.
Price, Walter, 292.
Prichard, Hugh, 291.
Prichard, Roger, 295.
Proctor, Robert, 293.
Prout, Timothy, 293.
Putman, Thomas, 291.'
Pynchon, John, 295.
Rawlen, Richajxi, 293.
Reeves, Thomas, 294.
Rendell, Robert, 295.
Reyner, Humphrey, 291.
Rice, Henry, 295.
Richards, Thomas, 294.
Rigbey, John, 292.
Right, George, 292.
Ripley, William, 291.
Roberts, Thomas, 294.
Robinson, William, 291, 292.
Ropper, Walter, 292.
Rouse, Faithful!, 293.
Rush, Jasper, 293.
Russell, John, 293.
Ruth, Vincent, 294.
Rydeot, John, 294.
Sacetell, Thomas, %95.
Sadler, John, 292.
Sally, Manus, 294.
Sanderbant, John, 293.
Scot, John, 292.
Search, John, 291.
Sendall, Samuel, 294.
Shaflin, Michael, 291.
Shefeild, Edmund, 293.
Sheopard, Edward, 293.
Shephard, John, 293.
Shore, Sampson, 291.
Smeedly, Baptize, 293.
Smeedly, John, 293.
Smith, Hugh, 291.
Smith, John, 295.
Smith, Matthew, 293.
Smith, Mighil, 294.
Smith, William, 293.
Smyth, Christopher, 293.
Smyth, Laurence, 293.
Snowe, Thomas, 291.
Somersbey, Anthony, 292.
Somersbey, Henry, 292.
Spere, George, 293.
Stacye, Hugh, 292.
Staple, John, 295.
Stebben, Johh, 295.
Stephenson, Andrew, 293.
Steraes, Charles, 294.
Stemes, Nathaniel, 295.
Stevens, John, 292.
Stevens, William, 292.
Stileman, Eiias, 291.
Stimson, John, 294.
Stoder, John, 291.
Stone, Daniel, 293.
Stone, David, 295.
Stowe, Samuel, 294.
Streete, Stephen, 293.
Stubbs, Joshua, 295.
Sutton, Lambert, 293.
Swett, John, 292.
Symons, Henry, 293.
Tame, Miles, 293.
Tayer, Thomas, 295.
Tayler, Edward, 295.
Tayler, Philip, 291.
Tayler, Richard, 291.
Taylor, Richard, 291.
Thacher, Thomas, 294.
Thackster, Thomas, 291.
Thatcher, Samuel, 291.
Thorpe, Henry, 294.
Thurston, John, 292.
Thwinge, Benjamin, 294.
Titcombe, William, 292.
Toll, John^ 294.
Tomkins. John, 291, 292.
Tomson, Simon, 295.
Torry, William, 291.
Tory, Philip, 293. -
Xoule, Roger, 293.
Trescot, William, 293.
Tresler, Thomas, 292.
Trot, Thomas, 293.
Turner, Jeflfry, 293.
Turner, John, 295.
Turner, William, 293.
Tybbot, Walter, 292.
Tydd, John, 293.
344
Umpliryes, James, 294.
Underwood, Joseph, 294.
YennHea, Benjaniin, 291.
Vinren, William, 293.
Walderiic, William, 392.
Walker, laainh, 294.
Wallis, T}iomas, Mr., 392.
Ward, John, 292, 295.
Ward, William, 292.
Ware, William, 293.
Wares, Robert, 295.
WaiTen, John, 294.
Watson, John, 394.
Way, Richard, 293.
Wayte, John, 394.
Webbe, Christopher, 294.
Webster, Thomas, 293.
Wenbanc, Willium, 394.
INDEX OF FREEMEN.
Whale, Philemon, 295.
Wheat, Moses, 292.
Wheels, Isaaf, 292.
Whelbr, Tliomas, 292.
WTietley, John, 293.
White, Edward, 294.
White, Niehulod, 393, bit.
Whili>, William, 292.
Whiicin?, Nathaniel, 293.
Whiliiv, John, Jim., 293.
Wife, Xi.holas, 294.
Wijiht, Hpnrj-. 295.
Wilder, Edwarti, 393.
Williams, Kiiffh, 291.
Williamii. Rubi-rt, 293.
Wilson, John, Mr., 294.
Wincoll, John, 294.
I Win
t. 293.
Winn, Edward, 293:
Withered^'e, EdvrarJ, 293.
Witherell, John, 291.
Wilhman, John, 291.
Wody, Bit-hard, 291.
Wooddy, Kichard, 293.
Wnoile, John, 393.
I Wnodwanl, Peter, 292.
I WncxlwarJ, Georjie, 29L
I WwMlworth, Henry. 293.
! WurJe. Thomu-s, 292.
I Wriitht. John, 293.
i Wri-rhl. Saiunel. 295.
1 Wyal, Kilward, 294.
! Wymait, John, 294.
I ZuUush, David, 292.
U./o
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